Patna High Court

SURAJ KUMAR @ SURAJ KUMAR SINHAversusThe State of Bihar

Decided: 29 January 2026
Disposal: DISMISSED
Bench: SANDEEP KUMAR

Holding

The petition to quash the FIR is dismissed as it has become infructuous after cognizance and charge‑sheet filing.

Summary

The petitioners, four brothers from Nuruddinganj, filed a petition in 2019 seeking to quash FIR No. 175 of 2018 registered at Sitamarhi Police Station. The petition was filed before the charge-sheet was filed and cognizance taken. During the hearing on 29‑01‑2026, counsel for the petitioners argued that the case had progressed, with cognizance now taken after the charge‑sheet submission. The Court held that because the investigation had moved to the stage of filing a charge‑sheet, the petition to quash the FIR had become infructuous. Consequently, the Court dismissed the petition, but allowed the petitioners to raise any grounds at a later appropriate stage.

Issues considered

Whether a petition to quash an FIR remains maintainable after cognizance has been taken and a charge‑sheet filed

Subjects

quash FIR
cognizance
charge‑sheet
infructuous application
criminal procedure

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.23191 of 2019
                      Arising Out of PS. Case No.-175 Year-2018 Thana- SITAMARHI District- Sitamarhi
                  ======================================================
            1.     SURAJ KUMAR @ SURAJ KUMAR SINHA Son of Shatish Prasad Sinha
                   Residence of Village -Nuruddinganj, P.S-Malsalami, District-Patna.
            2.    Shailendra Kumar Sinha Son of Late Shatish Prasad Sinha Residence of
                  Village -Nuruddinganj, P.S-Malsalami, District-Patna.
            3.    Bijay Kumar Sinha Son of Late Tarkeshwar Prasad Sinha Residence of
                  Village -Nuruddinganj, P.S-Malsalami, District-Patna.
            4.     Sumit Sinha Son of Brajkishore Prasad Residence of Village -Nuruddinganj,
                   P.S-Malsalami, District-Patna.
                                                                              ... ... Petitioner/s
                                                    Versus
                  The State of Bihar Bihar
                                                                       ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        Mr.Brij Bihari Tiwary
                  For the Opposite Party/s :        Mr.Rabindra Kumar
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                        ORAL ORDER

2    29-01-2026                    Heard the parties.

                                 2. Learned counsel for the petitioners submits that

                    since he has approached this Court in the year 2019 for

                    quashing the FIR bearing Sitamarhi P.S. Case No. 175 of 2018

                    but now the stage has changed as cognizance has been taken

                    after submission of charge-sheet.

                                 3. In view of the above, this application has become

                    infructuous now and accordingly, the same is dismissed as

                    having become infructuous with liberty to the petitioners to

                    raise all the grounds at an appropriate stage.



                                                                 (Sandeep Kumar, J)
Vikas/-

U

Continue reading with your account

Checking your session…