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IN THE HIGH COURT OF JUDICATURE AT PATNA
SANDEEP KUMAR
Kamlesh Kumar Singh, son of late Bhagwan Singh – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
(SANDEEP KUMAR, J.)
Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the opposite party no.2.
2. In this case, the petitioners have challenged the order dated 27.08.2021 passed by the learned Additional District Judge, IX, Patna, in Criminal Revision No.470 of 2019, whereby the learned Additional District Judge has set aside the order dated 12.07.2019 passed by the learned A.C.J.M.-XVII, Patna, by which the learned Magistrate has accepted the final form submitted by the Police. The petitioners have also prayed for staying the further proceeding proceedings in connection with Criminal Revision No.470 of 2019.
3. As per the F.I.R. the informant is the promoter-cum-director of Sea Vihar Fun Fair Private Limited, Patna (for short “the company”), which is registered with the Registrar of Companies since 21.09.2016. On 03.03.2017, the wife of the informant namely, Neelam Kumari, was also inducted as the Director of the aforesaid company and again on 23.03.2017, two more Directors namely, Kamlesh Kumar Singh and Upendra Kumar Sinha (petitioners) were also inducted as Directors of the said company. It has been alleged that both the petitio
Court reaffirmed that adequate notice must be given to informants, and judicial directions for investigation should respect the discretion of the police, ensuring procedural fairness.
The need for prima facie evidence and the expediency in the interests of justice before initiating proceedings under Section 340 CrPC.
The court emphasized the need for custodial interrogation based on prima facie evidence of forgery, and highlighted the balance between personal liberty and societal interest in granting anticipatory....
Cooperation with criminal investigations under Section 91 Cr.P.C. does not necessitate prior arrest and the issuance of notices for signature samples is valid, preserving investigative authority.
The court held that registration of FIR is mandatory when allegations disclose cognizable offences, and any discretion to omit such registration is legally impermissible.
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