IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19425 of 2021

Arising Out of PS. Case No.-360 Year-2016 Thana- TURKAULIYA District- East

Champaran

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Ramakant Kumar Yadav Son of Bigan Yadav Resident of Village- Mauja,

Tola Jaysinghpur Dakshini, P.S.- Turkauliya, District- East Champaran

Motihari.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Mr. Rajesh Kumar, Advocate.

For the Opposite Party/s :

Mr. Surendra Kumar, APP.

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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR

ORAL ORDER

2

21-04-2022

Learned counsel for the petitioner is permitted to

remove the defect(s) as pointed out by the office, if any, within a

period of four weeks from today.

Heard Learned counsel for the petitioner as well as

learned Additional Public Prosecutor for the State.

By filing the present application, the petitioner

seeks quashing of the F.I.R. being Turkauliya P. S. Case No. 360

of 2016 dated 10.08.2016 registered for the offences punishable

under Sections 341, 323, 353, 382, 383, 504 and 506 of the

Indian Penal Code and Section 3(1)(i)(x) of the Scheduled Caste

and Scheduled Tribe (Prevention of Atrocities) Act, 1989.

Having gone through the materials available on

record, it appears that as per the prosecution case, on

Patna High Court CR. MISC. No.19425 of 2021(2) dt.21-04-2022

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10.08.2016, while the headmaster of Upgraded Middle School,

Jaisinpur was distributing the scholarship money to the students

of Class IX and X, the accused persons came at the office of the

headmaster and abused him by calling his caste name and tried

to snatch the scholarship money. In the meantime, on the

information of the headmaster, the Police reached there and the

accused persons fled away from the school. The Police

interrogated the matter and returned. Thereupon, again the

accused persons rushed to the office of the said school and

started assaulting the headmaster by means of lathi and danda.

The accused persons also looted Rs. 43,200/- by putting pistol

on him. They also insulted and abused him by taking his caste

name and it is also alleged that they also spitted upon him. So

far the allegation with regard to the petitioner is concerned, as

per the F.I.R., it is alleged that on 08.08.2016 the petitioner

instigated the other F.I.R. named accused persons that the

distribution of the scholarship money amongst the students was

to be held and the same can be looted. On the information of

this petitioner the accused persons demanded rangdari and

when their demand has not been acceded to by the headmaster

the occurrence had taken place.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.19425 of 2021(2) dt.21-04-2022

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submits that the petitioner is not named in the F.I.R. and his

name has been added, as an accused, after 10 days. It is further

submitted that the petitioner happens to be a Panchayat teacher

in Upgraded Middle School, Jaisinpur, where the occurrence

had taken place but on the date of alleged occurrence, he was on

leave. It was also submitted on behalf of the petitioner that

though the F.I.R. has been instituted on 10.08.2016 but till date

charge-sheet has not been submitted and the investigation is still

pending.

Having considered the allegations made in the F.I.R. and

also taking into consideration the submissions made on behalf

the petitioner, this Court is not persuaded to scuttle the

investigation and criminal proceeding at the initial stage. It is

well settled that the F.I.R is not on encyclopedia, which must

disclose all facts and details relating to the offence reported.

Therefore, when the investigation by the Police is in progress,

the Court should not go into the merits of the allegatio