Patna High Court
SUNIL KUMAR YADAVversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SANDEEP KUMAR
Holding
The application for quashing the FIR and investigation was dismissed.
Summary
The petitioner, Sunil Kumar Yadav, filed an application seeking quash of FIR No. 184/2018 registered at Sirdalla Police Station and the ensuing investigation under Sections 467, 468, 471, 474, 420, 353 and 504 of the Indian Penal Code. The State argued that the counter‑affidavit had been filed online and that the investigation was complete with a charge‑sheet already submitted. The Court examined the procedural posture and noted that the investigation was concluded. It disposed of the application, granting the petitioner liberty to raise substantive grounds at a later stage if the court takes cognizance. The Court also directed that any pending application for a C.I.D. report before the Magistrate be dealt with by the Magistrate as per law.
Issues considered
- Whether the FIR and the investigation under the specified IPC sections can be quashed at this stage
- Whether the petitioner is entitled to raise substantive grounds for quashment before cognizance is taken
Legislation cited
- Indian Penal Code — s. 353, 420, 467, 468, 471, 474, 504
Subjects
- quash FIR
- criminal procedure
- investigation
- charge sheet
- IPC sections
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3354 of 2020
Arising Out of PS. Case No.-184 Year-2018 Thana- SIRDALA District- Nawada
======================================================
SUNIL KUMAR YADAV Son of Ram Swaroop Prasad Resident of Village -
Kosumbha Tari, P.S.- Sirdalla, District- Nawada
... ... Petitioner/s
Versus
1. The State of Bihar
2. Prashant Kumar Chaudhary Block Supply Officer, Sirdala, P.S.- Sirdala,
District- Nawada
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anish Kumar, Advocate
For the Opposite Party/s : Mr.Jharkhandi Upadhyaya,APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 27-01-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. Learned counsel for the State submits that the
counter affidavit has been filed online.
3. This application has been filed for quashing the FIR
of Sirdalla P.S. Case No. 184/2018 and its entire investigation
registered for the offence punishable under Sections 467, 468,
471, 474, 420, 353, 504 of I.P.C. pending in the Court of
Learned Chief Judicial Magistrate, Nawada.
4. Learned counsel for the State submits that
investigation has been concluded and charge-sheet has been
submitted.
Patna High Court CR. MISC. No.3354 of 2020(5) dt.27-01-2026
2/2
5. In these circumstances, this application stands
disposed of with liberty to the petitioner to raise all the grounds
at an appropriate stage if cognizance is taken.
6. If any application by the petitioner for calling for
the report of the C.I.D. has been filed before the Magistrate, the
same shall be disposed of by the Magistrate in accordance with
law.
(Sandeep Kumar, J)
tusharika/-
U T
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