IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.1063 of 2011 Pashupati Jha Versus The State Of Bihar & Ors ---------------------------------- 02 02.12.2011 Heard learned counsel for the petitioner and learned AC to GP-17. Petitioner, who is main accused of Madhubani Sadar P.S.Case No. 318, registered under Section 376 of 201/120B of the Indian Penal Code and is the person who had committed rape upon the prosecutrix has filed this writ petition for quashing of the F.I.R on the ground that there happens to be delay of four days in institution of the case and further medical examination of the victim do not support that the victim was raped. The petitioner happens to be aged about 62 years and is related with the prosecutrix and further he is incapable to indulge in any sexual activity. It is further submitted that the villagers have filed petition before the Superintendent of Police disclosing therein that other co- accused have falsely been implicated in this case though the allegations against the petitioner has been confirmed by them. State has opposed and submitted that it is not a fit case of quashing the grounds which have been taken are not 2 sufficient for the purpose of quashing of the F.I.R. rather it happens to be the ground which could be taken into consideration during course of trial as per decision reported in 2010(7) SCC Page 667 wherein it has been observed that the “ High Court should normally refrain from giving a prima facie decision in a case where all the factor are incomplete and hazy, more so, when the evidence has not been collected and produced before the court and the issues involved, whether factual or legal, are of such magnitude that they can not be seen in their true prospective without sufficient material. Of course, no hard and fast rule can be laid down in regard to cases in which the High Court will exercise its extra ordinary jurisdiction of quashing the proceedings at any stage.” The allegation, on its face did not justify for invoking extra ordinary power. As such this petition is found devoid of merits and is accordingly rejected. Namita ( Aditya Kumar Trivedi , J.)