Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.267 of 2012 ====================================================== 1. Rakesh Pandey S/O Late Nageshwar Pandey Resident Of Village- Lauriya, P.S.- Gobindganj, District- East Champaran .... .... Petitioner/s Versus 1. The State Of Bihar 2. The Collector Of The District East Champaran 3. The Head Officer Gobindganj Police Station, District- East Champaran .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 3 21-06-2012 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. The petitioner prays for quashing of the entire criminal prosecution initiated on the basis of the F.I.R. of Gobindganj P.S. case no. 107 of 2011 instituted under [STATUTE] . In the F.I.R. it is alleged that 37 bags of fertilizer were found from the cowshed of the petitioner, for which, on demand he could not produce any document. The Officer-in- Charge of the police station has registered the F.I.R. on the basis of his self statement. The F.I.R. discloses commission of a cognizable offence. Once cognizable offence is reported to the Patna High Court CR. WJC No.267 of 2012 (3) dt.21-06-2012 2 / 2 2 police, the police is duty bound to investigate the case and submit a report. Learned counsel for the petitioner submits that petitioner is quite innocent and he has been falsely implicated in the present case. The investigation being carried out by the police is not fair. It is well settled that defence of the petitioner cannot be looked into at the stage when the matter is under investigation by the police. It is the allegation appearing in the F.I.R. which is to be seen by the court. Credibility or otherwise of defence version can only be adjudicated at the time of trial. In my view, whether the investigation being made is fair or not, cannot be adjudicated at this stage. These are matters, to be considered at the stage of trial. In that view of the matter, I am not inclined to entertain this writ application and accordingly it is dismissed. sudip/- (Ashwani Kumar Singh, J)

Applicable IPC Section: 414

Statute Text:
Section 414 of the Indian Penal Code. Assisting in concealment or disposal of stolen property, knowing it to be stolen. Whoever voluntarily assists in concealing or disposing of or making away with property which he knows or has reason to believe to be stolen property, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.