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Patna High Court

Sri KumariversusThe State of Bihar through Vigilance Bureau, Head Office, Patna

Decided
Disposal
DISPOSED

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

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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