Patna High Court

RADHA KUMARI PATELversusTHE STATE OF BIHAR

Decided: 17 March 2026
Disposal: DISMISSED
Bench: PRAVEEN KUMAR

Holding

The application for quashing the FIR is dismissed; the Court will not interfere with the investigation.

Summary

Petitioner Radha Kumari Patel, an ex‑Mukhiya, filed an application under Section 482 of the Criminal Procedure Code seeking to quash FIR No. 15 of 2024, which alleged offences including assault, attempt to murder and offences under the SC/ST (Prevention of Atrocities) Act. The prosecution alleged that on 8 January 2024, officials removing an encroachment were attacked and injured, with caste‑based abuse. The petitioner contended that the FIR was filed out of vengeance, that no injury report existed to support the alleged Section 307 charge, and that no SC/ST person was present. The State opposed the quash petition, emphasizing the seriousness of the allegations and the ongoing investigation. The Court, after reviewing the record, held that the matter was at a nascent investigative stage and declined to interfere with the FIR, dismissing the petition.

Issues considered

Whether the High Court can quash the FIR under its inherent powers under Section 482 of the Cr.P.C. given the allegations of assault and offences under the SC/ST Act.
Whether the lack of an injury report and the petitioner's claim of vendetta justify dismissal of the FIR at this stage.

Legislation cited

Code of Criminal Procedure, 1973 — s. 482
Indian Penal Code — s. 147, 148, 149, 307, 323, 341, 353, 354, 386, 387, 427, 506

Subjects

Section 482
quash petition
FIR
investigation
SC/ST Act
assault
public servant
high court inherent powers

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15806 of 2024
                    Arising Out of PS. Case No.-15 Year-2024 Thana- DHAKA District- East Champaran
                 ======================================================
                 RADHA KUMARI PATEL W/O RAJ KUMAR SINGH R/O VILLAGE-
                 BIKRAMPUR, P.S- DHAKA, DISTT.- EAST CHAMPARAN (MOTIHARI).
                                                              ... ... Petitioner
                                            Versus
           1.     THE STATE OF BIHAR
           2.    RINA KUMARI, FEMALE, THE CIRCLE OFFICER, CIRCLE OFFICE
                 DHAKA (THEN THE TIME) P.S- DHAKA, DISTT.- EAST
                 CHAMPARAN, MOTIHARI.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Md Jubair Ansari
                 For the Opposite Party/s :       Dr. Indiwar Kumari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   17-03-2026                    Heard learned counsel for the petitioner and learned

                   counsel for the State.

                                2. The petitioner has filed this application under

                   Section 482 of the Cr.P.C. seeking quashing of the Dhaka P.S.

                   Case No. 15 of 2024 dated 08.01.2024, registered for the

                   offences punishable under Sections 147, 148, 149, 341, 323,

                   353, 386, 307, 387, 354(B), 506, 427 of the IPC and Section

                   3(2)(v) of the SC/ST Prevention of Atrocities Act, 2015.

                                3. The prosecution case, in brief, is that on

                   08.01.2024, when the administrative officials and the police

                   force went for removal of encroachment in compliance of a

                   judicial order, they were prevented from discharging their duties
Patna High Court CR. MISC. No.15806 of 2024(2) dt.17-03-2026
                                            2/3




          and attacked variously causing injuries to them and they were

          also abused by taking caste name.

                       4. Learned counsel for the petitioner submitted that

          the petitioner happens to be the ex-Mukhiya and this case has

          been lodged to wreck vengeance and there is no injury report of

          anyone to substantiate the allegation of assault with respect to

          the commission of offence under Section 307 IPC. No person of

          SC/ST community was present at the place of occurrence, as

          alleged.

                       5. Learned counsel for the State vehemently opposed

          the prayer of the petitioner.

                       7. Heard learned counsel for the parties and perused

          the record.

                       8. The informant is a Circle Officer and as per the

          allegation itself one lady constable was injured. The informant

          and other personnel were assaulted. There is further allegation

          of deterring a public servant from discharging of his official

          duties, the case was registered under Section 386, 307, 384, 354

          IPC and also under the provisions of SC/St Act. The case is at

          nascent stage and is under investigation by the authorities.

                       9. Considering the seriousness of the allegation, at this

          stage, when the matter is under investigation, this Court is not
          Patna High Court CR. MISC. No.15806 of 2024(2) dt.17-03-2026
                                                      3/3




                    inclined to accede to the prayer of the petitioner for quashing of

                    the FIR.

                                 10. This application is accordingly dismissed.



                                               (Praveen Kumar, J)
Pawan/-

U     T

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