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Patna High Court

NEEL KAMAL BHARTIversusTHE STATE OF BIHAR

Decided
Disposal
DISPOSED

Holding

The application for quashing the FIR is disposed, with the petitioner directed to approach the lower court if it proceeds against him.

Summary

Petitioner Neel Kamal Bharti filed an application seeking quash of FIR No. 131/2018 alleging offences under multiple sections of the Indian Penal Code for alleged embezzlement through fraudulent birth certificates. The prosecution alleged misappropriation of about Rs. 10 lakh, while the petitioner’s counsel submitted that the final form filed by the investigating agency found no evidence against him. The court noted that if the lower court were to take cognizance contrary to the final form, the petitioner could file a fresh application for quashing. Consequently, the High Court disposed of the present application without ordering quash of the FIR. The order leaves the petitioner free to approach the lower court should it proceed against him.

Issues considered

  • Whether the FIR can be quashed on the ground of lack of evidence as reflected in the final form
  • Whether the petitioner is entitled to relief if the lower court takes cognizance despite the final form

Legislation cited

Subjects

  • quash of FIR
  • final form
  • cognizance
  • Indian Penal Code
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5253 of 2020
                         Arising Out of PS. Case No.-131 Year-2018 Thana- ROH District- Nawada
                 ======================================================
                 NEEL KAMAL BHARTI S/o Late Vijay Shankar Prasad Resident of At and
                 P.O.- Asthua, P.S.- Singhwara, District- Darbhanga. At present Posted As
                 Assistant, PHC Rajauli, P.S.- Rajauli, District- Nawada

                                                                                   ... ... Petitioner/s
                                                       Versus
                 THE STATE OF BIHAR

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Madhu Prasun, Advocate
                 For the Opposite Party/s :       Mr.Pancha Nand Pandit, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   27-01-2026                    Heard learned counsel for the petitioner and learned

                   counsel for the State.

                                2. The present application has been filed for quashing

                   of FIR of Roh P.S. Case No. 131/2018 dated 09.11.2018,

                   offences alleged under Sections 341/ 467/ 468/ 406/ 471/ 472/

                   420/ 120(B)/ 167/ 168/ 34 of the Indian Penal Code.

                                3. As per the prosecution case, the complainant

                   alleged that the accused persons have embezzled government

                   money by fraudulently issuing birth certificates without proper

                   authority, with suspicions of financial irregularities totalling

                   approximately 10 lakhs.

                                4. Learned counsel for the petitioner submits that final

                   form has been submitted in favour of the petitioner finding no
              Patna High Court CR. MISC. No.5253 of 2020(4) dt.27-01-2026
                                                          2/2




                        evidence against the petitioner.

                                     5. If the learned court below takes cognizance after

                        differing with the final form, then petitioner is at liberty to file

                        an appropriate application for quashing.

                                     6. Accordingly, this application stands disposed of.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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