Patna High Court
SANJAY KUMAR ASHKversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SANDEEP KUMAR
Holding
The Court permitted the petitioner to withdraw the quash application and vacated the interim protection order.
Summary
The petitioner, Sanjay Kumar Ashk, filed an application seeking to quash the order dated 27 June 2019 in Mahila Police Station Case No. 27 of 2018, wherein cognizance was taken for offences under Sections 354A and 509 of the Indian Penal Code after a charge‑sheet was filed. The High Court allowed the petitioner to withdraw the application, granting liberty to raise all grounds at a later stage, and consequently vacated the interim protection order dated 10 April 2025. The court directed that the order be communicated to the Principal District & Sessions Judge, Patna for compliance. The decision referenced the Supreme Court’s judgment in Kanchan Kumar v. State of Bihar (2022) 9 SCC 577. No substantive ruling on the merits of the quash petition was made.
Issues considered
- Whether the order taking cognizance of offences under Sections 354A and 509 IPC can be quashed.
- Whether the interim protection granted to the petitioner should continue pending the quash application.
- Whether the Supreme Court precedent in Kanchan Kumar v. State of Bihar is applicable.
Legislation cited
- Indian Penal Code — s. 354A, 509
Subjects
- criminal procedure
- quash of cognizance
- sexual assault
- interim protection
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1806 of 2020
Arising Out of PS. Case No.-27 Year-2018 Thana- MAHILA P.S. District- Patna
======================================================
Sanjay Kumar Ashk Son Of Late Suryadeep Prasad Srivastava R/O Mohalla-
Punjabi Colony, Near Railway Crossing, P.S.- Town, Distt- Samastipur, At
Present Motor Vehicle Inspector, Distt- Transport Office, 4th Floor,
Biscomaun Bhawan, Patna.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Bindu Pandey W/o Late Sushil Kumar Pandey Assistant, Office of the Motor
Vehicle Inspector, Distt- Transport Office, 4th Floor, Biscomaun Bhawan,
Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate
Mr. Ashok Kumar Jha, Advocate
For the Opposite Party/s : Mr.Manoj Kumar, APP
Mr. Shyam Kumar Singh, APP
For the O.P. No. 2 : Mr. Rajesh Ranjan, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 29-01-2026 Heard the learned Senior counsel for the petitioner,
learned APP for the State and the learned counsel for the O.P.
No. 2.
2. This application has been filed for quashing of the
order dated 27.06.2019 passed in Mahila P.S. Case No. 27 of
2018 by learned J. M. 1st Class, Patna by which cognizance for
the offence punishable under Sections 354A and 509 of the
Indian Penal Code was taken after submission of charge-sheet.
3. After some arguments, Mr. N.K. Agrawal, the
learned Senior Counsel appearing for the petitioner prays for
Patna High Court CR. MISC. No.1806 of 2020(6) dt.29-01-2026
2/2
and is permitted to withdraw this application with liberty to
raise all the grounds at an appropriate stage.
4. If such an application is filed, the same shall be
considered by the Court below and a reasoned order shall be
passed in accordance with law and in view of the law laid down
by the Hon’ble Supreme Court in the case of Kanchan Kumar
Vs. The State of Bihar reported in (2022) 9 SCC 577.
5. Interim protection granted to the petitioner by order
dated 10.04.2025 is hereby vacated.
6. Let a copy of this order be communicated to the
Principal District & Sessions Judge, Patna through FAX for its
compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U T
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