Patna High Court
Ganga ChaudharyversusThe State Of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRAVEEN KUMAR
Holding
The court held that a prima facie case under Section 354(b) exists and there is no ground for interference, so the petition to quash the magistrate’s order is dismissed.
Summary
The petitioner, Ganga Chaudhary, sought to quash an order dated 10 September 2025 issued by a Judicial Magistrate in a complaint case alleging offences under Sections 341, 323 and 354(b) of the Indian Penal Code. The complaint arose from statements recorded under Section 202 of the Criminal Procedure Code, leading to cognizance of the offences. The petitioner argued that the present case was a retaliatory "counter‑blast" to a separate case filed by his wife against the prosecution parties. The State contended that the petitioner's grievance was a defence that should be raised at the appropriate stage of trial and not through a quash application. The High Court observed that the facts disclosed a prima facie case under Section 354, providing no ground for interference with the magistrate’s order. Consequently, the application for quash was dismissed.
Issues considered
- Whether the order of the Judicial Magistrate taking cognizance of offences under Sections 341, 323 and 354(b) can be quashed on the ground of being a retaliatory case.
- Whether a prima facie case under Section 354(b) of the IPC warrants interference by the High Court.
- Whether the petitioner’s grievance constitutes a defence that must be raised at trial rather than through a quash petition.
Legislation cited
- Criminal Procedure Code — s. 202
- Indian Penal Code — s. 323, 341, 354(b)
Subjects
- Criminal Law
- Quash Petition
- Section 341 IPC
- Section 323 IPC
- Section 354(b) IPC
- Section 202 CrPC
- High Court
- Magistrate Order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77073 of 2025
Arising Out of PS. Case No.-1777 Year-2024 Thana- MUZFFARPUR COMPLAINT CASE
District- Muzaffarpur
======================================================
Ganga Chaudhary S/O Late Mahendra Chaudhary Resident Of Mohalla-
Chhoti mazar purani gudri, P.S.- Town, Dist.- Muzaffarpur
... ... Petitioner/s
Versus
1. The State Of Bihar Patna
2. Shivani Kumari W/O Kunal Rajak Resident Of Mohalla- Chhoti mazar
purani gudri road, Ward no. 40, P.S.- Town, Dist.- Muzaffarpur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raju Kumar
For the Opposite Party/s : Mr.Pawan Kumar Chaurasia
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 07-04-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. The petitioner has challenged for quashing of the
order dated 10.09.2025 passed in Complaint Case No. 1777 of
2024 passed by learned Judicial Magistrate 1st Class (East)
Court No. 12, Muzaffarpur registered under Section 341, 323,
354(B) of the Indian Penal Code.
3. As per the allegation a complaint came to be lodged
with regard to commission of offence under Sections 341, 323,
354(B) of the Indian Penal Code. The witnesses were examined
under the provisions of 202 Cr.P.C and on the basis of statement
of the witness cognizance came to be taken for the offences
Patna High Court CR. MISC. No.77073 of 2025(2) dt.07-04-2026
2/2
punishable under Sections 341, 323, 354(B) of Indian Penal
Code.
4. Learned counsel for the petitioner has submitted
that prior to the lodging of the present case, the wife of the
petitioner has lodged Muzaffarpur Town P.S. Case No. 318 of
2024 against the prosecution parties and the present case is
nothing but a counter blast to that case lodged by the petitioner.
5. Learned counsel for the State has vehemently
opposed the prayer of the petitioner. The grievance of the
petitioner is actually a defence which can be adjudicated at the
appropriate stage.
6. The present facts and circumstances, a prima facie
having made under section 354 which warrants no interference.
7. This application is dismissed.
(Praveen Kumar, J)
niku/-
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