Patna High Court
Sushila KunwarversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The writ application is dismissed, and the petitioner is directed to file an application under Section 319 of the Cr.P.C. or Section 358 of the BNSS for summoning the accused if additional evidence arises.
Summary
The petitioner, Sushila Kunwar, filed a writ application seeking to quash an order dated 10 September 2015 passed by the Chief Judicial Magistrate, Aurangabad, in connection with a criminal case (PS Deo Case No. 42 of 2015). The police investigation exonerated the accused persons identified as Nos. 2 and 3 (Rakesh Kumar and Pramila Devi) and a charge‑sheet was filed only against Yogendra Singh, resulting in cognizance being taken solely against him. The petitioner contended that the order should be set aside because the other accused were not being pursued. The High Court observed that when the police have cleared the accused and cognizance is not taken, the appropriate remedy for the petitioner is to file an application under Section 319 of the Criminal Procedure Code or Section 358 of the Bihar Negotiable Security Act to summon the accused if new evidence emerges. Consequently, the writ application was dismissed, with liberty granted to the petitioner to approach the lower court under the mentioned provisions.
Issues considered
- When can a writ petition seeking quashal of a lower court order be entertained if the police investigation has exonerated certain accused?
- Whether the petitioner should be directed to file an application under Section 319 Cr.P.C. / Section 358 BNSS for summoning the accused instead of granting relief in the writ petition.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 319
Subjects
- writ petition
- quashing order
- exoneration
- cognizance
- Section 319 CrPC
- Section 358 BNSS
- criminal procedure
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32061 of 2016
Arising Out of PS. Case No.-42 Year-2015 Thana- DEV District- Aurangabad
======================================================
Sushila Kunwar Wife of late Amraindra Kumar Resident of Village- Simri
Tola Dudka, P.S. Deo District Aurangabad.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. Rakesh Kumar Son of Yogendra Singh
3. Pramila Devi Wife of Yogindra Singh Both are Resident of Village- Simri
tola Dudka, P.S Deo District Aurangabad.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : None.
For the Opposite Party/s : Mr. Md. Aslam Ansari
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 08-01-2026 None appears for the petitioner. Learned counsel for
the State is present.
2. The present writ application has been filed for
quashing the order dated 10.09.2015 passed by the learned CJM,
Aurangabad in Tr. No. 780 of 2015 arising out of Deo P.S. Case
No. 42 of 2015.
3. In the present case, the police, after investigation
has submitted final form with regard to the opposite parties nos.
2 and 3 exonerating them and charge-sheet was submitted only
against Yogendra Singh and accordingly, cognizance was taken
only against Yogendra Singh and not against the opposite party
nos. 2 and 3. Because of the same, the petitioner is aggrieved by
Patna High Court CR. MISC. No.32061 of 2016(2) dt.08-01-2026
2/2
the impugned order.
4. In the opinion of this Court, when the police, after
investigation has exonerated the opposite parties nos. 2 and 3
and cognizance has not been taken against the opposite party
nos. 2 and 3, the right course of action for the informant-
petitioner that she may have filed an application under Section
319 of the Cr.P.C. / under Section 358 of the BNSS for
summoning the accused if additional evidence comes during
trial.
5. In view of the above, this application stands
dismissed with a liberty to the petitioner to file an application in
the concerned Court below under Section 319 of the Cr.P.C. /
under Section 358 of the BNSS.
(Sandeep Kumar, J)
Vikas/-
U
Checking your session…