Patna High Court
AJAY KRISHNA MISHRAversusTHE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY, HOME DEPTT., GOVT. OF BIHAR, PATNA
- Decided
- Disposal
- DISPOSED
- Bench
- JITENDRA KUMAR
Holding
The writ petition was dismissed as withdrawn because it raised no substantive issue and the appropriate remedy lay in the pending Section 482 challenge.
Summary
The petitioner, Ajay Krishna Mishra, filed a writ petition in the Patna High Court seeking protection from a FIR registered under Sections 498-A, 354 read with Section 34 of the Indian Penal Code, and also sought direction against the investigating officer. He claimed he had not filed a separate writ for quashing the FIR and that a charge sheet and cognizance had already been taken, with a challenge to the cognizance order pending under Section 482 of the Criminal Procedure Code. The court noted that the petition did not raise any substantive issue for relief because the FIR had already been acted upon and the appropriate challenge was before the court under Section 482. Consequently, the court found the writ petition to be without merit. The petitioner then requested permission to withdraw the petition, which the court granted. The petition was dismissed as withdrawn, leaving the criminal proceedings unaffected.
Issues considered
- What is the appropriate remedy for a petitioner seeking to quash an FIR when a charge sheet and cognizance have already been taken?
- Whether a writ petition seeking protection from an FIR is maintainable when a separate challenge under Section 482 CrPC is pending?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 34, 354, 498-A
Subjects
- criminal law
- FIR
- writ petition
- Section 498-A
- Section 354
- Section 34
- Section 482
- petition withdrawal
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.260 of 2021
Arising Out of PS. Case No.-375 Year-2019 Thana- SHRIKRISHNAPURI District- Patna
======================================================
Ajay Krishna Mishra, S/O Rajendera Prasad Mishra, R/O A/18 Rampur Sadan
Anandpuri, Boring Canal Road, P.S-Sri Krishnapuri, P.O.-Gpo, District-Patna.
... ... Petitioner
Versus
1. The State Of Bihar Through Principal Secretary, Home Deptt., Govt. Of
Bihar, Patna Bihar
2. The Director General Of Police, Bihar, Patna.
3. The District Magistrate, Patna.
4. The Senior Superintendent Of Police (SSP), Patna.
5. The S.H.O., Sri Krishnapuri, Patna.
6. Anu Priya, Sub-Inspector Of Police, Posted At Sri Krishnapuri P.S., District-
Patna.
7. Pawan Krishna Mishra, S/O Rajendra Prasad Mishra, R/O A/18 Rampur
Sadan-Anandpuri, Boring Canal Road, P.S-Sri Krishnapuri, P.O-Gpo,
District-Patna.
8. Vijay Krishna Mishra S/O Rajendra Prasad Mishra R/O A/18 Rampur
Sadan-Anandpuri, Boring Canal Road, P.S-Sri Krishnapuri, P.O-Gpo,
District-Patna.
9. Abhay Kirhsna Mishra, S/O Rajendra Prasad Mishra, R/O A/18 Rampur
Sadan-Anandpuri, Boring Canal Road, P.S-Sri Krishnapuri, P.O-Gpo,
District-Patna.
10. Jyoti Mishra, W/O Pawan Krishna Mishra, R/O A/18 Rampur Sadan-
Anandpuri, Boring Canal Road, P.S-Sri Krishnapuri, P.O-Gpo, District-
Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner : Mr. Rajesh Kumar Sharma, Advocate
For the Respondent nos. 4 & 9 : Mr. Manish Kumar, Advocate
For the Respondent no. 10 : Mr. Amit Pandey, Advocate
Mr. Rakesh Kumar, Advocate
For the State : Mr. Deepak Kumar, AC to GP4
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
9 13-01-2026 The present writ petition has been preferred seeking
protection against the private respondents who have filed an FIR
bearing Srikrishanapuri P.S. Case No. 375 of 2019 registered for
the offences punishable under Sections 498-A and 354 read with
Section 34 of the Indian Penal Code. He is also seeking
direction for legal action against the Investigating Officer, Anu
Patna High Court CR. WJC No.260 of 2021(9) dt.13-01-2026
2/2
Priya, who is respondent No. 6 herein.
2. Heard learned counsel for the Petitioner, learned
counsel for the State and learned counsel for the private
respondents.
3. Learned counsel for the petitioner informs that he
has not filed any writ for quashing of the said FIR bearing
Srikrishnapuri P.S. Case No. 375 of 2019. Moreover, in this FIR,
not only charge sheet has been submitted, even cognizance has
been taken against the petitioner and the petitioner has
challenged the cognizance/summoning order under Section 482
Cr.PC which is pending in this court.
4. Hence, there is no merit in the present writ petition
5. However, at this stage learned counsel for the
petitioner is seeking permission to withdraw the present
petition.
6. Permission is accorded.
7. Accordingly, the present petition is dismissed as
withdrawn. Accordingly, the matter stands disposed of.
(Jitendra Kumar, J)
S.Ali/-
U T
Checking your session…