Patna High Court
Bhola Prasad Sah and OrsversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- JITENDRA KUMAR
Holding
The Court permitted the withdrawal of the criminal writ petition and directed that any subsequent revision petition be entertained with condonation of delay under Section 14 of the Limitation Act.
Summary
The petitioners, Bhola Prasad Sah and others, filed a criminal writ petition seeking to quash FIR No.421 of 2017, which alleged offences under IPC sections 341, 323, 379, 354, 427 read with 34. The police had completed investigation, filed a charge‑sheet and the Additional Chief Judicial Magistrate had taken cognizance on 31‑08‑2018. The petitioners later sought to withdraw the writ petition and instead file a criminal revision petition, requesting condonation of delay caused by the pendency of the present petition. The Court allowed the withdrawal of the writ petition and directed that any future revision petition be considered for condonation of delay under Section 14 of the Limitation Act. Consequently, the present petition was disposed of.
Issues considered
- Whether the criminal writ petition seeking to quash the FIR and set aside the cognizance order can be withdrawn.
- Whether the petitioners may be permitted to file a criminal revision petition and obtain condonation of delay caused by the pendency of the writ petition.
Legislation cited
- Indian Penal Code — s. 323, 34, 341, 354, 379, 427
- Limitation Act, 1963 — s. 14
Subjects
- criminal writ
- quash FIR
- cognizance order
- revision petition
- condonation of delay
- Limitation Act
- IPC offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.411 of 2018
Arising Out of PS. Case No.-421 Year-2017 Thana- BARARI District- Katihar
======================================================
1. Bhola Prasad Sah, S/o Late Manna Lal Sah,
2. Vijay Kumar Sah, S/o Late Surya Narayan Sah,
3. Pravin Kumar Sah @ Praveen Sah, S/o Vijay Kumar Sah, All are R/o
Village- Sakraily, P.S.- Barari (Semapur), District- Katihar.
4. Narayan Saraf, S/o Late Ram Jiwan Saraf, R/o Kalyan Industries, Durga
Shthan, P.S.- Katihar Town, District- Katihar.
... ... Petitioners
Versus
1. The State of Bihar
2. The Sueprintendent of Police, Katihar.
3. The S.H.O., Barari P.S., Distt.- Katihar.
4. Savita Kumari, W/o Chhathu Lal Sah, R/o Village- Sakraily, P.S.- Barari
(Semapur), District- Katihar.
... ... Respondents
======================================================
Appearance :
For the Petitioners : Mr. Mukesh Kumar Jha, Advocate
For the State : Mr. Manish Kumar, AC to GP-4
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
4 05-01-2026 The present Criminal Writ Petition has been filed by
the Petitioners for quashing the FIR bearing Barari P.S. Case
421 of 2017, registered for the offences punishable under
Section 341, 323, 379, 354, 427 read with Section 34 of the
Indian Penal Code. However, learned counsel for the Petitioner
informs that subsequent to the FIR, investigation has been
completed by the police and charge sheet was submitted and
even cognizance was taken against the Petitioners vide the order
dated. 31.08.2018 passed by learned A.C.J.M-Vth, Katihar in
Barari P.S. Case No. 421 of 2017/ G.R. No. 5881 of 2017.
2. Learned counsel for the Petitioner intends to change the
Patna High Court CR. WJC No.411 of 2018(4) dt.05-01-2026
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prayer of the Petitioner for setting aside the cognizance order.
However, after some argument, learned counsel for the
Petitioners is seeking permission to withdraw the present
petition with liberty to file Criminal Revision Petition against
the aforesaid cognizance order.
3. He also submits that delay in filing the Criminal
Revision Petition would arise on account of pursuance of the
case in this Court. Hence, he is seeking condonation of delay in
filing Criminal Revision Petition before the Court below.
4. Considering the aforesaid facts and
circumstances, the Petitioners are allowed to withdraw the
present petition and in the event of filing any Criminal Revision
Petition before learned Court below, learned Court below will
consider Section 14 of the Limitations Act to condone the delay
which has been caused on account of pendency of the present
petition before this Court.
5. Accordingly, the present petition stands disposed
of.
(Jitendra Kumar, J.)
Chandan/-
U T
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