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Patna High Court

Shankar Mandal @ Shankar Kumar Mandal and AnrversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The petition for quashment of the FIR was not entertained, but the petitioners were granted liberty to raise their objections in the trial court.

Summary

The petitioners, Shankar Mandal and Hari Lal Mandal, filed a petition under Article 226 of the Constitution seeking quashment of FIR No. 169 of 2017 registered under sections 467, 468, 471, 406, 420 and 120B of the Indian Penal Code. They argued that the FIR was improper and requested that the court allow them to raise all objections at the appropriate stage before the trial court. The State, represented by an Additional Public Prosecutor, raised no objection to the petitioners' request for liberty to contest the FIR later. The High Court, after hearing counsel, disposed of the petition, granting the petitioners liberty to present their objections in the trial court as prayed for. Consequently, the petition for quashment was not entertained, but the petitioners were permitted to pursue their defence in the regular trial proceedings.

Issues considered

  • Whether the FIR registered under sections 467, 468, 471, 406, 420 and 120B IPC can be quashed by the High Court.
  • Whether the petitioners may be allowed liberty to raise objections to the FIR at the trial court stage.

Legislation cited

Subjects

  • quashment of FIR
  • Indian Penal Code
  • criminal procedure
  • petition under Article 226
  • liberty to raise objections
  • high court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.62479 of 2018
                         Arising Out of PS. Case No.-273 Year-2017 Thana- PALASI District- Araria
                 ======================================================
           1.     Shankar Mandal @ Shankar Kumar Mandal and Anr Son of Hari Lal
                  Mandal,
           2.    Hari Lal Mandal, Son of Dhan Lal Mandal, Both residents of Village-
                 Dharam Ganj, P.S.- Palasi, District- Araria.

                                                                                     ... ... Petitioner/s
                                                         Versus
           1.    The State of Bihar
           2.    The Circle Officer, 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 petitioners 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

                   petitioners submits that this case may be disposed of with liberty

                   to the petitioners 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 petitioners.

                                5. In view of the submission of learned counsel for the
            Patna High Court CR. MISC. No.62479 of 2018(2) dt.23-04-2026
                                                        2/2




                      petitioners, this case stands disposed of with liberty to the

                      petitioners, as prayed for.



                                              (Sunil Dutta Mishra, J)
utkarsh/-

U       T


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