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2025 DIGILAW 91 (PAT)

Indu Tiwari @ Chunni, Devi Wife of Ramakant Tiwari v. State of Bihar, Through the Home Secretary, Govt. of Bihar, Patna, Bihar

2025-01-22

BIBEK CHAUDHURI

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ORDER : Bibek Chaudhuri, J. The petitioners are accused persons in connection with Danapur P.S. Case No. 263/2023 dated 23 rd February 2023 The aforesaid case was registered on the basis of an FIR submitted by one Kalawati Devi (not named a private respondent in the instant writ petition) on 21 st February 2023, stating, inter alia, that on 15 th February 2023 at about 10:00 AM the accused persons/petitioners who are the next door neighbours of the informant trespassed into the flat of the informant along with 10/12 unknown persons and they assaulted the sons of the informant, namely, Amit Raj and Manish Kumar with the help of iron rod, knife, etc. As a result of assault, the said two sons of the informant received serious injuries. When the informant tried to save her sons, the accused persons/petitioners abused her with filthy language, tore her wearing apparels in order to disrobe her and snatched away a gold chain and a sum of Rs. 50,000/- from the possession of her son. 2. The petitioners have approached this Court under Articles 226 and 227 of the Constitution to quash the aforesaid FIR dated 21 st February 2023 on the ground that over the incident dated 15 th February 2023, the petitioner no. 3 lodged a complain against Manish Kumar, Amit Kumar and another son of the said Kalawati Devi on the basis of which Danapur P.S. Case no. 221/2023 dated 15 th February 2023 under Sections registered. 3. The only ground for quashing the FIR dated 23 rd February 2023 is that the petitioner no. 3 lodged the FIR on the date of occurrence itself against the son of Kalawati Devi and as retaliation the said Kalawati Devi filed FIR after a lapse of 8 days. It is needless to say that delay in lodging FIR by itself is not fatal. However, delay in lodging FIR can be viewed with suspicion because under the facts and circumstances of a case delay may result in concoction and false elaboration of statement by the informant. The stage for ascertaining the issue as to whether delay in lodging FIR results in falsity of a criminal case can only be ascertained on conclusion of trial on the basis of evidence on record. The stage for ascertaining the issue as to whether delay in lodging FIR results in falsity of a criminal case can only be ascertained on conclusion of trial on the basis of evidence on record. As both the parties have filed case and counter-case, it is prima facie found that some incident took place on 15 th February 2023 leading both the contesting parties to lodge FIR and counter FIR. Only because a case was subsequently lodged after 8 days of the incident, this does not mean that the FIR would be quashed at this stage. 4. For the reasons stated above, I do not find any ground to entertain the instant writ petition and accordingly, the writ petition is dismissed on contest. However, there shall be no order as to cost.