Nibha Sinha vs State of Bihar - 2022 Supreme(Pat) 707

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Pat) 707

RAJEEV RANJAN PRASAD
Nibha Sinha – Appellant
Versus
State of Bihar – Respondent

Advocates:
For the Petitioner: Mr. Vipin Kumar Singh.
For the Respondents: Mr. Saroj Kumar Sharma.

Rajeev Ranjan Prasad, J.—Heard learned counsel for the petitioner and Mr. Saroj Kumar Sharma, learned AC to AAG-3 for the State.

2. Respondent no. 2 was noticed by this Court and he has entered appearance through Mr. Amrendra Kumar, learned Advocate but learned Advocate is not appearing in this case. The previous ordersheet would reveal that on several dates when this matter has been heard, learned counsel for the respondent no. 2 did not appear. Today, the situation is the same and one.

3. With the consent of learned counsel for the State, this Court has proceeded to dispose of this writ application after hearing learned counsel for the petitioner and the State.

4. Petitioner in the present case is seeking a writ in the nature of writ of Certiorari to quash and cancel the first information report being Jamui P.S. Case No. 117 of 2016 dated 19.04.2016 registered for the offence alleged under Section 304 of the Indian Penal Code and Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short ‘SC/ST Act’).

5. Learned counsel for the petitioner has taken this Court through the first information report. It is submitted that on a bare reading

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