Patna High Court

Pawan Kumar JhaversusThe State Of Bihar

Decided: 5 May 2026
Disposal: DISPOSED
Bench: SUNIL DUTTA MISHRA

Holding

The Court disposed of the petition, granting the petitioner liberty to raise the raised points before the trial court.

Summary

The petitioner, Pawan Kumar Jha, filed a petition under Section 482 of the CrPC seeking quashing of FIR No. 01 of 2015 registered under IPC sections 406, 409, 418 and 420(b). The petitioner argued that the FIR was baseless and that the matter should be dealt with by the trial court. The State of Bihar, through its Additional Public Prosecutor, raised no objection to the petitioner's request. The Hon’ble Justice Sunil Dutta Mishra, after hearing counsel, ordered that the petition be disposed of, granting the petitioner liberty to raise all points raised in the petition before the trial court at the appropriate stage. Consequently, the FIR remains on record but the petitioner may contest it in the trial proceedings.

Issues considered

Whether the FIR registered under sections 406, 409, 418 and 420(b) of the IPC can be quashed under Section 482 of the Criminal Procedure Code.

Legislation cited

Criminal Procedure Code — s. 482
Indian Penal Code — s. 406, 409, 418, 420(b)

Subjects

quashing of FIR
criminal procedure
IPC sections 406 409 418 420
liberty to approach trial court
petition under Section 482 CrPC

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.70695 of 2018
                  Arising Out of PS. Case No.-1 Year-2015 Thana- ASHOK PAPER MILL District- Darbhanga
                  ======================================================
                  Pawan Kumar Jha son of Lakshmi Jha, resident of Village- Sahora, P.S.-
                  A.P.M., District- Darbhanga.
                                                                         ... ... Petitioner/s
                                               Versus
                  The State of Bihar                              ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Shailendra Kumar Jha, Advocate
                  For the Opposite Party/s :       Mr. Anand Kishore Choudhary, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                        ORAL ORDER
2    05-05-2026                     Heard learned counsel for the petitioner and learned

                    A.P.P. for the State.

                                 2. This petition has been filed for quashing of the

                    F.I.R. bearing A.P.M. P.S. Case No. 01 of 2015 registered under

                    Sections 406, 409, 418 and 420(B) 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 points as raised in this petition,

                    before the learned Trial Court at appropriate stage in accordance

                    with law.

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

                    prayer of the petitioner.

                                 5. In view of the above, this case stands disposed of

                    with liberty to the petitioner, as prayed for.



                                               (Sunil Dutta Mishra, J)
utkarsh/-
U       T

Continue reading with your account

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.