Patna High Court
Awadhesh Rai @ Awadhesh KumarversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court exercised its inherent power under Section 482 Cr.P.C. to dispose of the petition, granting liberty to the petitioner to seek redress as desired.
Summary
The petitioner, Awadhesh Rai, filed a petition under Section 482 of the Criminal Procedure Code seeking quashment of FIR No. 89 of 2017, which alleged offences under Sections 504, 506, 384, 323, 420, 406, 467, 468 and 34 of the Indian Penal Code. The petitioner argued that the case could be disposed of while allowing him to pursue any grievance through appropriate legal channels. The State of Bihar, represented by an Additional Public Prosecutor, raised no objection to the petitioner's request. The Court, after hearing both sides, granted the petition, ordering the case to be disposed of and permitting the petitioner to seek redress as he deems fit. No substantive merits of the alleged offences were examined; the order was procedural, focusing on the exercise of the court's inherent power under Section 482.
Issues considered
- What is the scope of the court's inherent power under Section 482 Cr.P.C. to quash an FIR?
- Whether the FIR containing multiple IPC offences can be disposed of without a detailed examination of the merits?
Legislation cited
- Criminal Procedure Code — s. 482
- Indian Penal Code — s. 323, 34, 384, 406, 420, 467, 468, 504, 506
Subjects
- Section 482 Cr.P.C.
- quashment of FIR
- Indian Penal Code offences
- court's inherent jurisdiction
- procedural disposal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66805 of 2018
Arising Out of PS. Case No.-89 Year-2017 Thana- GOPALPUR District- Patna
======================================================
Awadhesh Rai @ Awadhesh Kumar Son of Late Rajbambha Ray, R/o Village-
Ilahibagh, P.S.- Gopalpur, District- Patna.
... ... Petitioner/s
Versus
1. State Of Bihar
2. Laldeo Rai, S/o Lal Bahadur Rai, R/o Village- Ilahibagh, P.O.- Bariya, P.S.-
Gopalpur, District- Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dr. Satyendra Kumar Srivastava, Advocate
For the Opposite Party/s : Mr. Rajendra Nath Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 11-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The present petition has been filed under Section
482 Cr.P.C. for quashing the F.I.R. of Gopalpur P.S. Case No. 89
of 2017 registered under Sections 504, 506, 384, 323, 420, 406,
467, 468, 34 of the I.P.C. pending in the Court of the learned
Sub Judge IX-cum-A.C.J.M., Patna.
3. Learned counsel for the petitioner submits that this
case may be disposed of with liberty to the petitioner to take
steps for redressal of grievance in accordance with law.
4. Learned A.P.P. for the State has no objection to this
prayer of the petitioner.
Patna High Court CR. MISC. No.66805 of 2018(3) dt.11-05-2026
2/2
5. Accordingly, the present case is disposed of with
liberty to the petitioner, as prayed for.
(Sunil Dutta Mishra, J)
rakhi/-
U T
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