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Patna High Court

Sohit PaswanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The criminal miscellaneous application under Section 482 is disposed, granting the petitioner liberty to raise his points before the trial court.

Summary

The petitioner, Sohit Paswan, filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking quashment of an FIR registered under Sections 341, 323, 504, 506/34, 498A, 494 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act. He contended that cognizance had already been taken against the accused, including himself, and therefore the FIR should be dealt with by the trial court, requesting liberty to raise all points before that court. The State of Bihar raised no objection to the petitioner's prayer. The Hon’ble Justice Sunil Dutta Mishra considered the submission and, finding no impediment, disposed of the criminal miscellaneous application, granting the petitioner the liberty to present his arguments before the trial court at the appropriate stage. The order effectively leaves the FIR in force while allowing the petitioner to defend himself in the regular trial proceedings.

Issues considered

  • What is the appropriate scope of Section 482 Cr.P.C. in entertaining a petition to quash an FIR when cognizance has already been taken by the trial court?

Legislation cited

Subjects

  • Criminal Procedure
  • Section 482
  • Quashment of FIR
  • Cognizance
  • Dowry Prohibition Act
  • Criminal Miscellaneous Application

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43340 of 2018
                      Arising Out of PS. Case No.-3 Year-2018 Thana- MAHILA P.S. District- Nalanda
                 ======================================================
                 Sohit Paswan S/o Late Moti Paswan, R/o Vill.- Baikathpur, P.S.- Khusrupur,
                 District- Patna.

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar.
           2.    Rinki Kumari D/o Kapil Paswan R/o Baikunthpur, P.S.- Khushrupur, District
                 - Patna.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Amrendra Kumar Sinha No.1, Advocate.
                 For the Opposite Party/s :       Mr. Dashrath Mehta, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

8   27-04-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The present Cr. Misc. Application has been filed

                   under Section 482 of Cr.P.C. for quashing the F.I.R. bearing

                   Mahila (Nalanda) P.S. Case No.03 of 2018 registered under

                   Sections 341, 323, 504, 506/34, 498A, 494 of the I.P.C. and 3/4

                   of D.P. Act.

                                3. Learned counsel for the petitioner submits that the

                   cognizance had already been taken against the accused persons

                   including the petitioner, therefore, this case may be disposed of

                   with liberty to the petitioner to take all the points as raised in the

                   petition, before the learned Trial Court at appropriate stage in
              Patna High Court CR. MISC. No.43340 of 2018(8) dt.27-04-2026
                                                          2/2




                        accordance with law.

                                     4. Learned APP for the State has no objection to this

                        prayer of the petitioner.

                                     5. In view of the above, the present Cr. Misc.

                        Application is disposed of with the liberty to the petitioner, as

                        prayed for.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T


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