Patna High Court
The State Of Bihar Through The Principal Secretary, Home Department, Bihar, Patna and OrsversusSudarshan Ram and Ors
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The State of Bihar, not being the aggrieved party, lacks standing to file a quashing application.
Summary
The State of Bihar filed a petition seeking to quash the order dated 17-04-2017 passed by the Additional Chief Judicial Magistrate, Muzaffarpur (East) in Sakra Police Station Case No. 187 of 2014. The court examined the records and found that the actual aggrieved party was Opposite Party No. 3, not the State. Since the State was not the aggrieved party, it lacked locus standi to file the quashing application. The court noted that Opposite Party No. 3 could have filed the application but had not done so. Consequently, the petition was dismissed for lack of standing.
Issues considered
- Whether the State of Bihar can file a quashing application when it is not the aggrieved party
Subjects
- quashing of criminal proceedings
- aggrieved party
- locus standi
- criminal miscellaneous
- jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6047 of 2019
Arising Out of PS. Case No.-187 Year-2014 Thana- SAKRA District- Muzaffarpur
======================================================
1. The State Of Bihar Through The Principal Secretary, Home Department,
Bihar, Patna BIHAR
2. The Additional Director General of Police (CID), Bihar, Patna.
3. The Superintendent of Police, (CID), Muzaffarpur.
4. The investigating Officer, Sakra P.S. Case No. 187/14
... ... Petitioner/s
Versus
1. Sudarshan Ram Son of Vishwanath Ram Resident of Village Parmanandpur,
P.S. Sonpur Nayagawan District Chapra at Present Posted as Inspector of
Police, Jamui.
2. Vikki Baitha @ Vikash Baitha, Son of Late Shankar Baitha, resident of
village Mirapur Mohan P.S Sakra District- Muzaffarpur.
3. Abhishek Sharma @ Abhay Kumar @ Tunnu Sharma Son of Ganesh Thakur
resident of village Mirapur Mohan Police Station Sakra District-
Muzaffarpur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mrigendra Kumar
For the Opposite Party/s : Mr. G.A. 4
For the O.P. No. 02 : Mr. Pradhan Murli Manohar Prasad
Mr. Raju Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
7 20-01-2026 Heard the parties.
2. The present application has been filed against the
order dated 17.04.2017 passed by the learned Additional Chief
Judicial Magistrate, Muzaffarpur (East) in connection with
Sakra P.S. Case No. 187 of 2014.
3. From perusal of the records, it appears that the
aggrieved party in this case is opposite party no. 3 but the
Patna High Court CR. MISC. No.6047 of 2019(7) dt.20-01-2026
2/2
quashing application has been preferred by the State on his
behalf as the State is not an aggrieved party.
4. In the opinion of this Court, if the aggrieved party
is opposite party no. 03 then he could have preferred an
application for quashing but he has not done so.
5. In view of the above, this application is dismissed.
(Sandeep Kumar, J)
Vikas/-
U
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