Patna High Court
Sohit PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
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
- Code of Criminal Procedure, 1973 — s. 482
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 34, 341, 494, 498A, 504, 506
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
Checking your session…