Patna High Court
JANESHWAR PANDEYversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SANDEEP KUMAR
Holding
The court dismissed the application for quashing the FIR as withdrawn, granting the petitioner liberty to file a fresh application challenging the order of taking cognizance.
Summary
The petitioner, Janeshwar Pandey, filed an application seeking to quash an FIR registered under Section 135 of the Bihar Electricity Act, 2003. The petitioner argued that a charge sheet had already been filed and cognizance taken, rendering the quash petition unnecessary, and requested permission to withdraw the application and file a fresh challenge to the cognizance order. The court examined the procedural status of the case and the petitioner's request to withdraw. It granted liberty to the petitioner to file a fresh application if he wishes to contest the cognizance order, or to seek discharge if the matter has progressed further. Consequently, the court dismissed the present application as withdrawn, allowing the petitioner to pursue appropriate relief in a new filing.
Issues considered
- Whether an FIR registered under Section 135 of the Bihar Electricity Act can be quashed after a charge sheet has been filed and cognizance taken
- Whether the petitioner may withdraw the quash petition and file a fresh application challenging the order of taking cognizance
Subjects
- quash FIR
- cognizance
- Bihar Electricity Act
- criminal procedure
- petition withdrawal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59881 of 2019
Arising Out of PS. Case No.-228 Year-2017 Thana- SASARAM NAGAR District- Rohtas
======================================================
Janeshwar Pandey S/O Late Sahdeo Pandey R/O Village- Chhotaka Mor, P.S.-
Sasaram (M), District- Rohtas
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Vishal Kumar, Junior Electrical Engineer son of Surendra Prasad Electric
Supply Section, Akorhigola, P.S.- Akorhigola, District- Rohtas
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajani Kant Singh Advocate
For the Opposite Party/s : Dr. Mrityunjaya Kr.Gautam, APP
For the SBPDCL : Mr. Kumar Priya Ranjan, Addl. SC
Mr. Sudarshan Bharadwaj, Advocate
Mr. Sandeep Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 20-01-2026 Heard the learned counsels for the parties.
2. This application has been filed for quashing the FIR
vide Sasaram (M) P.S. Case No. 228 of 2017 dated 27.02.2017
registered under Section 135 of the Bihar Electricity Act, 2003.
3. The learned counsel for the petitioner submits that
in the case, the charge sheet has been submitted and the
cognizance has been taken and therefore, he seeks permission to
withdraw this application with liberty to the petitioner to file a
fresh application in accordance with law challenging the order
taking cognizance.
4. Permission, as prayed, is granted.
Patna High Court CR. MISC. No.59881 of 2019(3) dt.20-01-2026
2/2
5. Accordingly, this application is dismissed as
withdrawn with liberty to the petitioner to file a fresh
application in accordance with law challenging the order taking
cognizance or if the matter has travelled further, then he may
file an application for discharge.
(Sandeep Kumar, J)
Shishir/-
U T
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