Patna High Court
Lal Bahadur PaswanversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition is disposed of, granting the petitioner liberty to raise his points before the trial court at the appropriate stage.
Summary
The petitioner, Lal Bahadur Paswan, filed a petition under Section 482 of the Criminal Procedure Code seeking quashment of FIR No. 167 of 2018, which alleged an offence under Section 7 of the Explosive Substances (E.C.) Act. The trial court had closed the defence evidence on 25‑08‑2025 and scheduled arguments, but the prosecution subsequently filed a petition under Section 311 Cr.P.C. on 08‑09‑2025, which was allowed, leading to further dates for evidence production. The petitioner argued that the matter could be disposed of by granting him liberty to raise all points before the trial court at the appropriate stage. The State, represented by an A.P.P., raised no objection to this prayer. The High Court, after hearing both sides, disposed of the petition, granting the petitioner liberty to approach the trial court as prayed for.
Issues considered
- What is the appropriate relief when a petition under Section 482 Cr.P.C. is filed to quash an FIR that has already been proceeded with under Section 311 Cr.P.C.?
Legislation cited
- Criminal Procedure Code — s. 311, 482
- Explosive Substances (E.C.) Act — s. 7
Subjects
- quash FIR
- Section 482 Cr.P.C.
- Section 311 Cr.P.C.
- Explosive Substances Act
- criminal procedure
- petition disposal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69986 of 2018
Arising Out of PS. Case No.-167 Year-2018 Thana- BIKRAM District- Patna
======================================================
Lal Bahadur Paswan S/o Judagi Paswan R/o Village- Mahajpura, P.S.-Bikram,
District-Patna.
... ... Petitioner/s
Versus
1. State Of Bihar
2. Ashok Kumar Chaudhary, Block Supply Officer-in-Charge Bikram, District-
Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dineshwar Mishra, Advocate
For the Opposite Party/s : Mr. Shantanu Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 02-07-2026 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. in connection with Bikram
P.S. Case No. 167 of 2018 dated 02.06.2018 registered for the
offence under Section 7 of the E.C. Act.
3. From the report of the learned Trial Court, vide
letter no. 378/2026 dated 19.05.2026, it appears that on
25.08.2025 defence evidence was closed and the case was fixed
for argument, however, on 08.09.2025 a petition under Section
311 Cr.P.C. was filed on behalf of the prosecution which was
allowed and two dates were given to produce the evidence.
Patna High Court CR. MISC. No.69986 of 2018(3) dt.02-07-2026
2/2
4. Learned counsel for the petitioner submits that this
case may be disposed of with liberty to the petitioner to take all
the points raised in the petition before the learned Trial Court at
the appropriate stage.
5. Learned A.P.P. for the State has no objection to this
prayer of the petitioner.
6. 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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