Patna High Court
MUKESH KUMAR @ MUKESH KUMAR MAHTOversusTHE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, HOME DEPTT., BIHAR, PATNA
- Decided
- Disposal
- DISPOSED
- Bench
- JITENDRA KUMAR
Holding
The Court permitted the withdrawal of the writ petitions and disposed of them, granting liberty to file appropriate proceedings against the cognizance order.
Summary
The petitioners, members of the Mahto family, filed two criminal writ petitions seeking to quash FIR No. 162 of 2018 registered at Chautham Police Station for alleged offences under IPC sections 498A, 323, 324 read with section 34 and section 3 of the Dowry Prohibition Act. The State and police authorities were respondents. The trial court had already taken cognizance of the case and a charge‑sheet was filed, with the matter pending for the petitioners' appearance. The petitioners then applied to withdraw the writ petitions and to pursue appropriate proceedings against the cognizance order, raising any defences they may have. The High Court, after noting the pendency of the criminal proceedings, granted permission to withdraw the writ petitions. Consequently, the writ petitions were disposed of, allowing the petitioners to seek other remedies.
Issues considered
- Whether a criminal writ petition for quashing an FIR can be entertained after cognizance has been taken and a charge‑sheet filed.
- Whether the petitioners may be permitted to withdraw the writ petition and pursue other proceedings against the cognizance order.
Legislation cited
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 323, 324, 34, 498A
Subjects
- criminal writ jurisdiction
- quash FIR
- cognizance order
- withdrawal of petition
- Dowry Prohibition Act
- IPC 498A
- charge‑sheet
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.1486 of 2019
Arising Out of PS. Case No.-162 Year-2018 Thana- CHAUTHAM District- Khagaria
======================================================
1. Bucho Mahto Son of Late Siyaram Mahto Resident of Village- Patel nagar,
P.S.- Chautham, District- Khagaria.
2. Rupesh Kumar @ Rupesh Kr. Mahto Son of Bucho Mahto Resident of
Village- Patel nagar, P.S.- Chautham, District- Khagaria.
3. Prem Mahto @ Prem Kumar Son of Bucho Mahto Resident of Village- Patel
nagar, P.S.- Chautham, District- Khagaria.
4. Shashi Mahto @ Shashi Kumar Son of Bucho Mahto Resident of Village-
Patel nagar, P.S.- Chautham, District- Khagaria.
5. Meera Devi Wife of Bucho Mahto Resident of Village- Patel nagar, P.S.-
Chautham, District- Khagaria.
... ... Petitioner/s
Versus
1. The State Of Bihar Through The Principal Secretary Home Deptt., Bihar,
Patna.
2. The Director General of Police, Bihar, Patna.
3. The District Magistrate, Khagaria. Bihar
4. The Superintendent of Police, Khagaria. Bihar
5. The Station House Officer, Chautham Police Station, District- Khagaria.
Bihar
6. Puja Kumari Wife of Pinku Sharma, Daughter of Dashrath Singh Resident of
Village- Nawada, P.O.- Nawada, P.S.- Chautham, District- Khagaria.
... ... Respondent/s
======================================================
with
Criminal Writ Jurisdiction Case No. 1490 of 2019
Arising Out of PS. Case No.-162 Year-2018 Thana- CHAUTHAM District- Khagaria
======================================================
Mukesh Kumar @ Mukesh Kumar Mahto Son of Bucho Mahto Resident of
Village- Patel Nagar, P.S.- Chautham, District- Khagaria.
... ... Petitioner/s
Versus
1. The State Of Bihar Through The Principal Secretary, Home Deptt., Bihar,
Patna
2. The Director General of Police, Bihar, Patna
3. The District Magistrate, Khagaria. Bihar
4. The Superintendent of Police, Khagaria Bihar
5. The Station House Officer, Chautham Police Station- District- Khagaria.
Patna High Court CR. WJC No.1486 of 2019(8) dt.10-02-2026
2/3
Bihar
6. Puja Kumari Wife of Pinku Sharma, Daughter of Dashrath Singh Resident of
Village- Nawada, P.O.- Nawada, P.S.- Chautham, District- Khagaria.
... ... Respondent/s
======================================================
Appearance :
(In Criminal Writ Jurisdiction Case No. 1486 of 2019)
For the Petitioner/s : Mr. Pankaj Kumar Jha, Advocate
Mr. Vijay Kishore Bhushan, Advocate
For the State : Mr. Manish Kumar, GP-4
For the Informant : Mr. Ranjan Kumar Srivastava, Advocate
(In Criminal Writ Jurisdiction Case No. 1490 of 2019)
For the Petitioner/s : Mr. Ranjan Kumar Singh, Advocate
Mr. Niranjan Kumar, Advocate
For the State : Mr. Suman Kumar Jha, AC to AAG-3
For the Res. No.6 : Mr. Viveka Nand Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
8 10-02-2026 Both the writ petitions have been taken up together as
they arise out of the same F.I.R. bearing Chautham P.S. Case
No. 162 of 2018.
2. Both criminal writ petitions have been preferred by
the petitioners for quashing the F.I.R. bearing Chautham P.S.
Case No. 162 of 2018 registered for the offences punishable
under Sections 498(A), 323 and 324 read with Section 34 of the
Indian Penal Code and Section Section ¾ of Dowry Prohibition
Act.
3. However, as per report from the concerned
Superintendent of Police and the learned Trial Court, it
transpires that in this case not only charge-sheet has been
submitted, but even cognizance has been taken against the
petitioners and the case is pending for appearance of the
Patna High Court CR. WJC No.1486 of 2019(8) dt.10-02-2026
3/3
petitioners.
4. At this stage, learned counsel for the petitioners is
seeking permission to withdraw the present petition with liberty
to file appropriate proceeding against the cognizance order and
to raise all defence/objection against the cognizance order.
5. Permission is accorded.
6. Accordingly, the present writ petitions are disposed
of with the aforesaid liberty as sought for.
(Jitendra Kumar, J.)
ravishankar/-
U T
Checking your session…