Patna High Court
Sujit KumarversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- R P MISHRA
Holding
The applications are dismissed as withdrawn and infructuous respectively, without expressing any opinion on the merits.
Summary
The petitioners filed two separate applications under Section 482 of the Code of Criminal Procedure seeking to quash FIRs registered at Civil Lines Police Station, Gaya (Case No.190 of 2024 and Case No.353 of 2024). The first application was withdrawn after the court had taken cognizance, and the petitioner sought liberty to file a comprehensive petition to avoid piecemeal adjudication. The second application sought quashing of an FIR under IPC Sections 363, 365 and 34, but the petitioner argued that the investigation had concluded with a final report in his favour and no trial had been ordered. Both the State and the informant’s counsel did not oppose the withdrawals. The court dismissed the first application as withdrawn and the second as infructuous, granting the petitioners liberty to approach the court afresh if any adverse order is passed, without expressing any opinion on the merits.
Issues considered
- Whether the court should entertain an application under Section 482 CrPC for quashing an FIR when the petitioner has withdrawn the application.
- Whether an application for quashing an FIR becomes infructuous when the investigation is completed and no trial is ordered.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 34, 363, 365
Subjects
- Section 482 CrPC
- quash of FIR
- infructuous application
- withdrawn application
- IPC Sections 363 365 34
- court jurisdiction
- petition dismissed
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1950 of 2025
Arising Out of PS. Case No.-190 Year-2024 Thana- CIVIL LINE District- Gaya
======================================================
Sujit Kumar S/O Baliram Goswami R/O Village- Baidyanathganj, P.S-
Sakrabad (Sakurabad), District- Jehanabad.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Arun Goswami S/O Amarnath Goswami R/O Mohalla- Rajendra Ashram
Yogiya Bagicha, P.S- Civil Lines, Distt.- Gaya.
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 2314 of 2025
Arising Out of PS. Case No.-353 Year-2024 Thana- CIVIL LINE District- Gaya
======================================================
1. Madhuri Kumari W/O Sujit Goswami R/O Village- Baijnathganj, P.S-
Shakurabad, Distt.- Jehananbad.
2. Sanjiv Kumar Babu @ Sanjeet Kumar S/O Baliram Goswami R/O Village-
Baijnathganj, P.S- Shakurabad, Distt.- Jehananbad.
3. Amit Kumar @ Ankit Kumar Goswami S/O Baliram Goswami R/O Village-
Baijnathganj, P.S- Shakurabad, Distt.- Jehananbad.
4. Ajit Kumar @ Amarjeet Kumar Goswami S/O Baliram Goswami R/O
Village- Baijnathganj, P.S- Shakurabad, Distt.- Jehananbad.
5. Ranjit Kumar S/O Nandu Goswami @ Dinesh Goswami R/O Village-
Chiraili, P.S- Khizersarai, Distt.- Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Arun Kumar Goswami S/O Amarnath Goswami R/O Mohalla- Jogia
Bagicha Near Rajendra Ashram, P.S- Civil Lines, Distt.- Gaya.
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 1950 of 2025)
For the Petitioner/s : Mr. Jitendra Kumar, Advocate
For the State : Mr. Umanath Mishra, Advocate
For the Informant : Mr. Ashok Kumar Singh, Advocate
(In CRIMINAL MISCELLANEOUS No. 2314 of 2025)
For the Petitioner/s : Mr. Jitendra Kumar, Advocate
For the State : Ms. Anita Kumari, APP
For the Informant : Mr. Ashok Kumar Singh, Advocate
======================================================
Patna High Court CR. MISC. No.1950 of 2025(4) dt.05-01-2026
2/4
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
4 05-01-2026 Re: Cr. Misc. No. 1950 of 2025
Heard learned counsel for the petitioner and learned APP
for the State as also learned counsel for the informant.
2. The present application has been filed under
Section 482 of the Code of Criminal Procedure, 1973 for
quashing of the FIR bearing Civil Lines PS Case No. 190 of
2024. During the pendency of the application, an order taking
cognizance came to be passed, whereupon the petitioner sought
amendment by filing an interlocutory application.
3. Learned counsel for the petitioner submits that in
view of subsequent developments and to avoid piecemeal
adjudication, the petitioner seeks permission to withdraw the
present application with liberty to move afresh by filing a
comprehensive petition, in accordance with law.
4. Learned APP for the State and learned counsel for
the informant have no objection.
5. Considering the facts and circumstances of the case
and in order to secure the ends of justice, the present application
is dismissed as withdrawn, with liberty to the petitioner to
approach this Court afresh, if so advised.
6. It is clarified that this Court has not expressed any
Patna High Court CR. MISC. No.1950 of 2025(4) dt.05-01-2026
3/4
opinion on the merits of the case.
Re: Cr. Misc. No. 2314 of 2025
Heard learned counsel for the petitioner and learned APP
for the State as also learned counsel for the informant.
2. The present application has been filed for quashing
of the FIR arising out of Civil Line P.S. Case No. 353 of 2024,
registered under Sections 363, 365 and 34 of the Indian Penal
Code.
3. Learned counsel for the petitioner submits that
during the course of investigation, the petitioner has not been
sent up for trial and the police, after completion of investigation,
has submitted final form in his favour. In view of the subsequent
development, no cause of action survives for consideration in
the present application.
4. Learned APP for the State and learned counsel for
the informant do not controvert the aforesaid submission.
5. Considering the fact that the petitioner has not been
sent up for trial and final form has already been submitted, the
present application has become infructuous.
6. Accordingly, this application is dismissed as
infructuous, with liberty to the petitioner to approach this Court
again in case any adverse order is passed against him or if he is
Patna High Court CR. MISC. No.1950 of 2025(4) dt.05-01-2026
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summoned by the learned court below pursuant to any protest
petition or otherwise.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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