Patna High Court
Sri KumariversusThe State of Bihar through Vigilance Bureau, Head Office, Patna
- Decided
- Disposal
- DISPOSED
- Bench
- SOURENDRA PANDEY
Holding
The application for quash was dismissed, with liberty granted to raise the issues at the charge‑framing stage.
Summary
Sri Kumari, a school teacher, was taken into cognizance by the Chief Judicial Magistrate for alleged offences under IPC sections 420, 467, 468, 471 and 120(B). She filed an application invoking the High Court's inherent jurisdiction to quash the magistrate's order dated 27-02-2024. The petitioner’s counsel sought liberty to raise the same points later at the charge‑framing stage rather than seeking immediate quash. The Court allowed this procedural liberty and disposed of the present application without granting the quash. Consequently, the matter will proceed to the charge‑framing stage where the raised issues can be considered.
Issues considered
- Whether the High Court can quash the magistrate's order taking cognizance under its inherent jurisdiction
- Whether the petitioner may defer raising substantive objections to the charge until the charge‑framing stage
Legislation cited
- Indian Penal Code — s. 120(B), 420, 467, 468, 471
Subjects
- criminal procedure
- inherent jurisdiction
- quash order
- cognizance
- charge framing
- IPC sections 420, 467, 468, 471, 120(B)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.494 of 2026
Arising Out of PS. Case No.-29 Year-2023 Thana- SHEIKHOPUR SARAI District-
Sheikhpura
======================================================
Sri Kumari, D/O Mithlesh Singh, Resident of Village And PO-Rampur Sindai,
PS-Barbigha, District-Sheikhpura, at present posted upgraded Middle School,
Mahammadur, PS-Shekhopur Sarai, District Sheikhpura
... ... Petitioner/s
Versus
1. The State of Bihar through Vigilance Bureau, Head Office, Patna Bihar
2. Sikander Mandal, Police Inspector cum Assistant Inquiry Officer, Teacher
Inquiry Incharge, Sheikhpura Vigilance Bureau, Head Office, Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate
For the Opposite Party/s : Mr. Arvind Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 13-01-2026 The present application has been filed by the
petitioner invoking the inherent jurisdiction of this Hon’ble
Court for quashing the order dated 27.02.2024 passed by the
learned Chief Judicial Magistrate, Sheikpura in G.R. No.931 of
2023 arising out of Sarai P.S. Case No. 29 of 2023 by which
cognizance for the offence under Sections 420, 467, 468, 471,
120(B) of the Indian Penal Code has been taken against the
petitioner.
2. At the outset, learned counsel for the petitioner
seeks liberty not to press the present application, however, he
seeks liberty that the points raised in the present application can
be raised at the time of framing of charge.
Patna High Court CR. MISC. No.494 of 2026(2) dt.13-01-2026
2/2
3. With the liberty to raise all those issues at the time
of framing of charge, the application stands disposed.
(Sourendra Pandey, J)
manoj/-
U T
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