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MOHIT KUMAR SHAH
Kapil Yadav @ Kapil Dev Yadav S/o Late Dev Lal Yadav @ Badri Yadav – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
MOHIT KUMAR SHAH, J.
1. The present petition has been filed for quashing the FIR along with the entire criminal proceeding pertaining to Konch P.S. Case No. 187/2019, G.R. No. 3115/2019, pending before the learned court of ACJM-IIIrd, Gaya.
2. The brief facts of the case are that upon a written report of the informant, namely Uma Shankar Yadav, the FIR in question bearing Konch P.S. Case No. 187/2019 was registered on 16.06.2019 under Sections 147, 148, 149, 341, 323, 337, 307, 326, 379, 504 of the Indian Penal Code and Section 27 of the Arms Act. The allegation levelled by the informant is that at about 8:30 A.M. in the morning of 16.6.2019, while he along with his nephew Pankaj Kumar, was standing at the kiosk (gumti) of co-villager, Shiv Pujan Yadav and his grandson, namely Raju Kumar was also sitting there from before, the accused persons had arrived there and had started abusing the nephew and grandson of the informant, whereupon the grandson of the informant had protested and then the petitioner herein had arrived there in an inebriated condition and had also started abusing them, whereafter the petitioner had taken out a pistol from his waist and had pointed it on th
The court emphasized that the power under Section 482 Cr.P.C. should be sparingly exercised and that the court should not interfere with the investigation unless no cognizable offence is disclosed. I....
Point of law : Needless to point out that if the law provides a particular remedy to an accused, then it is always open for him to exhaust the same while approaching the concerned Court while filing ....
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The court ruled that an FIR lacking mens rea and intention does not constitute an offence under Section 304 IPC, emphasizing the need for careful exercise of inherent powers under Section 482 CrPC.
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