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Patna High Court

Anju DeviversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The petition is devoid of merit and is dismissed, refusing to quash the FIR.

Summary

The petitioners, Anju Devi, Banti Kumar and Triveni Singh, filed a petition seeking quashing of FIR No. 386/2024 registered on 23.11.2024 for alleged assault, attempted shooting, and theft involving their son Raja Kumar. They argued that the FIR was lodged six days after the incident and sent to the court after a further ten‑day delay, contending that the case was concocted to damage their reputation. The State opposed the petition and argued that the offences under Sections 126(2), 115(2), 117(2), 303(2), 352, 351(2) of the IPC, Section 3(5) of the BNS Act and Section 27 of the Arms Act are serious and the investigation is at a nascent stage. The Court examined the submissions and held that it would not interfere with an ongoing investigation and found the petition devoid of merit. Consequently, the petition for quashing the FIR was dismissed.

Issues considered

  • Whether the delay in lodging the FIR and its transmission to the court warrants quashing of the FIR.
  • Whether the Court can interfere with an investigation that is at a nascent stage concerning serious offences.
  • Whether the allegations constitute cognizable offences under the cited provisions of the IPC and the Arms Act.

Legislation cited

Subjects

  • quashing of FIR
  • delay in filing FIR
  • investigation interference
  • IPC offences
  • Arms Act
  • criminal procedure
  • petition dismissed

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3491 of 2025
                     Arising Out of PS. Case No.-386 Year-2024 Thana- ATHMALGOLA District- Patna
                 ======================================================
           1.     Anju Devi wife of Triveni Singh Resident of village -Ram Nagar Diyara
                  Athmalgola Police Station -Athamalgola District -Patna
           2.    Banti Kumar son of Triveni Singh Resident of village -Ram Nagar Diyara
                 Athmalgola Police Station -Athamalgola District -Patna
           3.    Triveni Singh Son of Late Pramhansh Singh Resident of village -Ram Nagar
                 Diyara Athmalgola Police Station -Athamalgola District -Patna

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Sudha Wife of Late Raktu Singh @ Ganesh Singh Resident of village -Ram
                 Nagar Diyara Athmalgola Police Station -Athamalgola District -Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Chandrasen Prasad Singh, Adv
                 For the Opposite Party/s :      Mr.Umeshanand Pandit, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   24-03-2026                    Heard learned counsel for the petitioners and learned

                   counsel for the State.

                                 2. The petitioners have prayed for quashing of the

                   first information report of Athamalgola Police Station Case No.

                   386/2024 dated 23.11.2024 registered under Sections 126(2),

                   115(2), 117(2), 303(2), 352, 351(2), 3(5) BNS and 27 of the

                   Arms Act.

                                3. As per the prosecution case, one Sudha has lodged

                   a complaint, which has subsequently been registered as

                   Athamalgola Police Station Case No. 386/2024, stating that on
Patna High Court CR. MISC. No.3491 of 2025(2) dt.24-03-2026
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          17.11.2024 at 10:00 A.M. her son Raja Kumar had gone to the

          house of his cousin sister and when he returned home, his uncle

          Triveni Singh (petitioner no. 3) assaulted him on his leg with

          iron rod and Bunty Kumar (petitioner no. 2) and his mother

          Anju Devi fired from gun, which did not hit and further took 10

          gram chain of her son Raja Kumar, upon which Raja Kumar

          called 112, whereafter the accused persons fled away.

                       4. Learned counsel for the petitioners submits that

          there is a delay of altogether six days in lodging the FIR and the

          FIR was sent to the court after a further delay of 10 days and the

          case is a concocted one and the petitioner no. 3 has also filed an

          informatory petition on earlier point of time apprehending his

          false implication and of others at the hand of the prosecution

          party. The primary objective of the Opposite Party No. 2/

          informant was to ruin the career of the petitioner no. 2.

                       5. Learned counsel for the State vehemently opposed

          the prayer for bail.

                       6. Perused the record and considered the submissions

          of the parties, the petitioners have come for quashing of the FIR

          registered for the offences punishable under Section 126(2),

          115(2), 117(2), 303(2), 352, 351(2), 3(5) BNS and 27 of the

          Arms Act, the investigation is at its nascent stage and the case
             Patna High Court CR. MISC. No.3491 of 2025(2) dt.24-03-2026
                                                         3/3




                       being serious in nature. As the case is under investigation, this

                       court is not inclined to interfere in the matter.

                                    7. The case is devoid of merits and is accordingly

                       dismissed.



                                                  (Praveen Kumar, J)
niku/-

U        T


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