IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1175 of 2008 RABINDRA KUMAR JHA @ PATWARI JHA, SON OF SRI SHANTI KUMAR JHA, RESIDENT OF VILLAGE – DHIMOH, P.S. – HARNAUT, DISTT. – NALANDA .......................... PETITIONER Versus 1. THE STATE OF BIHAR THROUGH THE DIRECTOR GENERAL-CUM-INSPECTOR GENERAL OF POLICE, BIHAR, PATNA. 2. THE SUPERINTENDENT OF POLICE, NALANDA 3. THE OFFICER-IN-CHARGE, HARNAUT POLICE STATION DISTRICT – NALANDA 4. MRITUNJAY KUMAR, SON OF MAHENDRA YADAV, RESIDENT OF VILLAGE – DHIMOH, P.S. – HARNAUT, DISTRICT – NALANDA. ...................... RESPONDENTS ----------- For the Petitioner :- Mr. Ashoke Kumar Mishra For the State :- Mr. Ramchandra Prasad Bharti, S.C. XIV Mr. Santosh Kumar Singh, J.C. to S.C. XIV 2 25.03.2009 This application has been filed for quashing of the prosecution of the petitioner under Harnaut (Gokhulpur) P.S. Case No. 310 of 2008 under Sections 147, 148, 149, 341, 323, 307 and 504 of the Indian Penal Code. Subsequently Section 302 of the Indian Penal Code was added in the FIR. The said FIR was instituted against 11 accused persons with allegation of assault on 1.11.2008 on the deceased who died on 1.12.2008 in course of treatment. The Fardbeyan of the informant Mritunjay Kumar has been recorded on the same date i.e. on 1.11.2008 in which allegations have been leveled against 11 persons and the petitioner was not named but petitioner’s son Deepak Kumar @ Amar Nath Kumar Jha is accused no. 11. It was on 1.12.2008 that the statement of the informant Mritunjay Kumar was again recorded in hospital after death of the deceased and in that statement the informant - 2 - alleged that the offence had been committed under the conspiracy of the petitioner. It is due to this allegation of conspiracy against the petitioner that the petitioner apprehends that he has been implicated in this case maliciously on another reason. It is also stated that the petitioner, being a lawyer of the accused under the FIR who appeared before the learned Sessions Judge for bail and due to this grudge the informant implicated the petitioner with false allegation of conspiracy. On these grounds the petitioner seeks quashing of his prosecution in the said case under the said FIR. Learned counsel for the respondent replied that the case is still under investigation and when there is specific allegation of conspiracy which has to be investigated into and on completion of investigation the true position will emerge and final form will be submitted if the petitioner is found innocent. It was submitted that presently there is prima facie allegation of conspiracy against the petitioner. It was also submitted that simply because the allegation has been made after one month of the occurrence and the petitioner has worked as lawyer for the accused persons, this Court cannot stop the investigation holding that the allegations are false and malicious. It was further submitted that only investigation will reveal that the allegation is false or true. Learned counsel also submitted that the petitioner has got every remedy to seek for bail or anticipatory bail before competent court but there is no ground for quashing of the prosecution at this stage. Considering the facts, I find no ground to quash the - 3 - investigation being done in this case with respect to the allegation on the petitioner. Therefore, petition is dismissed. However, if the petitioner seeks any kind of relief like anticipatory bail before the court below the same will be considered favorably according to law without being prejudice by the dismissal of this writ application. Kundan (C. M. Prasad, J.)