Patna High Court
Binayak BhalchandraversusThe State of Bihar and another
- Decided
- Disposal
- DISPOSED
- Bench
- SANDEEP KUMAR
Holding
The petition for quashing the order was not entertained at this stage, and the petitioner may raise all grounds later, with the interim protection vacated.
Summary
The petitioner, Binayak Bhalchandra, filed an application seeking to quash the order dated 17 September 2018 that had taken cognizance of alleged offences under Sections 292 and 354(A) of the Indian Penal Code and Sections 66(E) and 67(A) of the Information Technology Act. The High Court examined the petition in light of the Supreme Court’s decision in Kanchan Kumar v. State of Bihar (2022) 9 SCC 577. The Court declined to entertain the quash petition at this stage, granting the petitioner liberty to raise all grounds at the time of discharge or an appropriate stage. Consequently, the interim protection previously granted to the petitioner on 10 April 2025 was vacated. The order directing communication to the Principal District & Sessions Judge, Munger, was also issued.
Issues considered
- Whether the order taking cognizance of offences under IPC Sections 292 and 354(A) and IT Act Sections 66(E) and 67(A) can be quashed.
- Whether the petitioner is entitled to interim protection pending the quash petition.
- Applicability of the Supreme Court precedent Kanchan Kumar v. State of Bihar to the present petition.
Legislation cited
- Indian Penal Code — s. 292, 354(A)
- Information Technology Act, 2000 — s. 66(E), 67(A)
Subjects
- quash petition
- cognizance
- IPC
- IT Act
- interim protection
- Supreme Court precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2521 of 2019
Arising Out of PS. Case No.-183 Year-2018 Thana- Kharagpur District- Munger
======================================================
Binayak Bhalchandra S/o Late Arvind Mohan Mishra Resident of village-
Dharahra, Station Road, P.S- Dharahra, Dist- Bhagalpur
... ... Petitioner/s
Versus
1. The State Of Bihar
2. Rachna Singh D/o Rajiv Singh Resident Of Village-Paharpur, P.S- Haveli
Kharagpur Dist- Munger
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Satya Narayan Mishra
For the Opposite Party/s : Mr. Ram Anurag Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 03-02-2026 Heard the learned counsel for the petitioner and the
learned counsel for the State.
2. This application has been filed for quashing of the
order dated 17.09.2018 passed in Haveli Kharagpur P.S. Case
No. 183 of 2018 by learned A.C.J.M.-IV, Munger by which
cognizance for the offence punishable under Sections 292 &
354(A) of the IPC and under Sections 66(E)& 67(A) of the IT
Act was taken.
3. This application is disposed of with liberty to the
petitioner to raise all the grounds at the time of discharge/at an
appropriate stage and if such an application is filed, the same
shall be considered by the Court below and a reasoned order
Patna High Court CR. MISC. No.2521 of 2019(4) dt.03-02-2026
2/2
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.
4. Interim protection granted to the petitioner by order
dated 10.04.2025 is hereby vacated.
5. Let a copy of this order be communicated to the
Principal District & Sessions Judge, Munger through FAX for
its compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U
Checking your session…