Patna High Court
Gagandev PaswanversusThe Union Of India Through The Ministry Of Rail, Rail Bhawan, New Delhi and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- JITENDRA KUMAR
Holding
The petition is disposed of, allowing the petitioner to withdraw the writ petition and file a criminal revision petition.
Summary
The petitioner, Gagandev Paswan, filed a criminal writ petition seeking quash of FIR No.1096 of 2017 registered under Section 153 of the Railways Act. The FIR had led to a charge-sheet and cognizance was taken against the petitioner. The petitioner’s counsel requested permission to withdraw the writ petition and instead file a criminal revision petition against the cognizance order. The Court considered whether the petition could be withdrawn and the petitioner could be allowed to pursue a revision remedy. The Court granted the petitioner's request, disposing of the writ petition and permitting the filing of a criminal revision petition.
Issues considered
- Whether the criminal writ petition seeking quash of the FIR can be withdrawn in favour of filing a criminal revision petition against the cognizance order
Legislation cited
- Indian Railways Act — s. 153
Subjects
- Criminal writ
- Quash FIR
- Railways Act
- Cognizance
- Revision petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.389 of 2018
Arising Out of PS. Case No.-1096 Year-2017 Thana- MANSI RPF/POST District- Khagaria
======================================================
Gagandev Paswan S/o Late Dhana Paswan, R/o Village- Madarpur, P.S.-
Maheshpur, District- Khagaria, Bihar.
... ... Petitioner
Versus
1. The Union Of India Through The Ministry Of Rail, Rail Bhawan, New
Delhi
2. The Director General of Police, Railway Production Force, New Delhi.
3. The Commandant, Railway Protection Force, Barauni, Begusarai, Bihar.
4. The Incharge Inspector, Railway Protection Force, Barauni, Begusarai,
Bihar.
5. The Junior Engineer, Path Way P.W., East Central Railway, Manshi
Khagaria.
... ... Respondents
======================================================
Appearance :
For the Petitioner : Mr. Pankaj Kumar Jha, Advocate
For the Respondents : Mr. Nilanjan Chatterjee, Advocate
Mr. Ujjwal Raj, Advocate
Mr. Sahil Kumar, Advocate
Mr. Anirvan Choudhari, Advocate
Mr. Jyoti Prakash, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
5 07-01-2026 The present Criminal Writ Petition has been filed
by the Petitioner for quashing of the FIR bearing
RPF/Post/Mansi P.S. Case No.1096 of 2017, registered for the
offences punishable under Section 153 of the Railways Act.
2. However, in this case charge-sheet was submitted
after completion of investigation and even cognizance has been
taken against the Petitioner.
3. Learned counsel for the Petitioner is seeking
Patna High Court CR. WJC No.389 of 2018(5) dt.07-01-2026
2/2
permission to withdraw the present petition with liberty to file
Criminal Revision Petition against the cognizance order.
4. Accordingly, the present petition stands disposed of
with the aforesaid liberty to the Petitioner, as sought for.
(Jitendra Kumar, J.)
Chandan/-
U T
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