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Patna High Court

Shankar Mandal @ Shankar Kumar MandalversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The petition is disposed of, granting the petitioner liberty to raise objections to the FIR in the trial court.

Summary

The petitioner, Shankar Mandal, filed a petition under Section 482 of the CrPC seeking quashment of FIR No. 169 of 2017 registered under IPC sections 467, 468, 471, 406, 420 and 120B. The petitioner’s counsel requested that the petition be disposed of, granting him liberty to raise any objections to the FIR at the appropriate stage before the trial court. The State of Bihar, represented by an A.P.P., raised no objection to this limited relief. The Hon’ble Justice Sunil Dutta Mishra, after hearing both sides, ordered the petition to be disposed of, allowing the petitioner the liberty to present objections in the trial court. Consequently, the FIR remains on record, but the petitioner may contest its validity during trial.

Issues considered

  • Whether the FIR registered under sections 467, 468, 471, 406, 420 and 120B of the IPC can be quashed at the pre‑trial stage
  • Whether the court may grant liberty to the petitioner to raise objections in the trial court instead of outright quashing the FIR

Legislation cited

Subjects

  • Criminal Procedure Code
  • Quash Petition
  • FIR
  • Indian Penal Code
  • Trial Court
  • Liberty to raise objections

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.61091 of 2018
                         Arising Out of PS. Case No.-169 Year-2017 Thana- PALASI District- Araria
                 ======================================================
                 Shankar Mandal @ Shankar Kumar Mandal Son of Hari Lal Mandal,
                 Resident of Village- Dharam Ganj, P.S.- Palasi, District- Araria.

                                                                                     ... ... Petitioner/s
                                                         Versus
           1.    The State of Bihar
           2.    The Revenue Karachari cum Officiating Circle Inspector, Palasi, District-
                 Araria.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Bidhanesh Misra, Advocate
                 For the Opposite Party/s :        Mr. Jharkhandi Upadhyay, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   23-04-2026                     Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. This petition has been filed for quashing the F.I.R.

                   bearing Palasi P.S. Case No. 169 of 2017 registered u/s 467,

                   468, 471, 406, 420 and 120B of the Indian Penal Code.

                                3. After some arguments, learned counsel for the

                   petitioner submits that this case may be disposed of with liberty

                   to the petitioner to take all the objections in the Trial Court at

                   appropriate stage.

                                4. Learned A.P.P. for the State has no objection to this

                   prayer of the petitioner.

                                5. In view of the submission of learned counsel for the
            Patna High Court CR. MISC. No.61091 of 2018(2) dt.23-04-2026
                                                        2/2




                      petitioner, this case stands disposed of with liberty to the

                      petitioner, as prayed for.



                                              (Sunil Dutta Mishra, J)
utkarsh/-

U       T


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