Patna High Court
Arun ChoudharyversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The High Court did not quash the FIR but disposed of the petition, granting the petitioner liberty to raise his points before the trial court.
Summary
The petitioner, Arun Choudhary, filed a petition under Section 482 CrPC seeking quash of FIR No. 86 of 2017 registered under IPC sections 406, 420 and NI Act section 138. The petitioner argued that the case could be disposed of by allowing him to raise all points before the trial court at the appropriate stage. The State, represented by an A.P.P., raised no objection to the petitioner's prayer. Justice Sunil Dutta Mishra, after hearing counsel, ordered that the petition be disposed of, granting the petitioner liberty to approach the trial court with the raised points. No substantive merits of the FIR were adjudicated; the order merely permitted further proceedings in the trial court.
Issues considered
- Whether the FIR registered under IPC sections 406, 420 and NI Act section 138 can be quashed by the High Court?
Legislation cited
- Indian Penal Code — s. 406, 420
- Negotiable Instruments Act — s. 138
Subjects
- quash FIR
- IPC 406
- IPC 420
- NI Act 138
- Criminal Procedure
- High Court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42172 of 2017
Arising Out of PS. Case No.-86 Year-2017 Thana- ASHOK PAPER MILL District-
Darbhanga
======================================================
Arun Choudhary Son of Late Rameshwar Choudhary, R/o Village- Sahora,
P.S.- Ashok Papar Mill, District- Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Uday Shankar Choudhary Son of Late Indra Narayan Choudhary, R/o
Village- Makhanpur, P.S.- A.P.M. District- Darbhanga.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Jha, Advocate
For the Opposite Party/s : Mr. Shantanu Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
7 14-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. This petition has been filed for quashing the F.I.R.
bearing A.P.M. P.S. Case No. 86 of 2017 under Sections 406,
420 of the Indian Penal Code and Section 138 of the N.I. Act.
3. After some arguments, learned counsel for the
petitioner submits that this case may be disposed of with liberty
to the petitioner to take all the points as raised in this petition,
before the learned Trial Court at appropriate stage in accordance
with law.
4. Learned A.P.P. for the State has no objection to this
prayer of the petitioner.
Patna High Court CR. MISC. No.42172 of 2017(7) dt.14-05-2026
2/2
5. In view of the above, this case stands disposed of
with liberty to the petitioner, as prayed for.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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