Patna High Court
PAPPU KUMARversusTHE STATE OF BIHAR
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
An application for quashing an FIR cannot be entertained after the filing of a charge‑sheet; therefore the petition is dismissed.
Summary
The petitioners filed an application seeking to quash an FIR registered under Sections 341, 323, 498A, 379 and 504/34 of the Indian Penal Code. The court noted that a charge‑sheet had already been filed and cognizance taken on the case. Since the matter had progressed beyond the stage at which an FIR can be quashed, the court declined to entertain the petition. The application was dismissed, but the petitioners were allowed to raise their grounds at a later appropriate stage. The order was directed to be communicated to the Principal District & Sessions Judge, Muzaffarpur for compliance.
Issues considered
- Can an application for quashing an FIR be entertained after a charge‑sheet has been filed and cognizance taken?
Legislation cited
- Indian Penal Code — s. 323, 34, 341, 379, 498A, 504
Subjects
- quash FIR
- charge sheet
- criminal procedure
- Indian Penal Code
- section 482 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10597 of 2021
Arising Out of PS. Case No.-5 Year-2020 Thana- KANTI District- Muzaffarpur
======================================================
1. Pappu Kumar S/O Suraj Rai Resident Of Village- Kanti Kushi, Ward No. -4,
P.S.- Kanti, District- Muzaffarpur.
2. Ram Somari Devi W/O Suraj Rai Resident Of Village- Kanti Kushi, Ward
No. -4, P.S.- Kanti, District- Muzaffarpur.
3. Ranjit Rai S/O Suraj Rai Resident Of Village- Kanti Kushi, Ward No. -4,
P.S.- Kanti, District- Muzaffarpur.
4. Kiran Devi W/O Ranjit Rai Resident Of Village- Kanti Kushi, Ward No. -4,
P.S.- Kanti, District- Muzaffarpur.
5. Susmati Kumari D/O Suraj Rai Resident Of Village- Kanti Kushi, Ward No.
-4, P.S.- Kanti, District- Muzaffarpur.
6. Suraj Rai S/O Late Brijnandan Rai Resident Of Village- Kanti Kushi, Ward
No. -4, P.S.- Kanti, District- Muzaffarpur.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. Puja Kumari D/O Shyamnath Prasad Yadav Presently Residing At Village-
Mahesha, P.S.- Runnisaidpur, District- Sitamarhi.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mahendra Thakur
For the Opposite Party/s : Mr. A.G
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
7 02-02-2026 Heard the parties.
2. This application has been filed for quashing of FIR
of Kanti P.S. Case No. 05 of 2020 registered under Sections
341, 323, 498A, 379 and 504/34 of the Indian Penal Code.
3. The learned counsel for the petitioners submits that
the present application was filed for quashing of the FIR but
after investigation, a charge sheet has been submitted and
Patna High Court CR. MISC. No.10597 of 2021(7) dt.02-02-2026
2/2
cognizance has been taken.
4. In view of the change of stage and submission of
the charge-sheet, I am not inclined to consider the prayer of the
petitioners for quashing of the FIR at this stage.
5. Accordingly, this application is dismissed with
liberty to the petitioners to raise all the grounds at an
appropriate stage.
6. Let a copy of this order be communicated to the
Principal District & Sessions Judge, Muzaffarpur through FAX
for its compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U T
Checking your session…