Patna High Court
Durga Shankar GuptaversusThe State Of Bihar Through Its Principal Secretory Home Dept. Govt. Of Bihar, Patna and Ors
- Decided
- Disposal
- WITHDRAWN
- Bench
- JITENDRA KUMAR
Holding
The petition is dismissed as withdrawn, with liberty granted to the petitioner to file appropriate criminal proceedings against the cognizance and summons.
Summary
Durga Shankar Gupta filed a writ petition in the Patna High Court seeking to quash an FIR (Case No. 187 of 2017) that alleged offences under Sections 409, 420 and 468 of the Indian Penal Code. The petitioner argued that a charge sheet had already been filed, cognizance taken, and summons issued against him, and therefore he wished to withdraw the writ and instead pursue appropriate criminal proceedings against the cognizance and summons orders. The court considered the petitioner's request to withdraw the writ and was asked to grant liberty to file a separate criminal suit. The bench held that the petition could be dismissed as withdrawn and granted the petitioner liberty to initiate the desired criminal action. Consequently, the writ petition was dismissed as withdrawn with liberty to the petitioner.
Issues considered
- What is the appropriate remedy when cognizance has been taken and summons issued against a petitioner who seeks to quash the FIR?
- Can a writ petition be withdrawn and the petitioner be granted liberty to file a separate criminal proceeding against the cognizance/summons order?
Legislation cited
- Indian Penal Code — s. 409, 420, 468
Subjects
- writ petition
- quash FIR
- cognizance
- summons
- criminal proceeding
- IPC 409
- IPC 420
- IPC 468
- withdrawal of petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.566 of 2018
Arising Out of PS. Case No.-187 Year-2017 Thana- AMARPUR District- Banka
======================================================
Durga Shankar Gupta S/o Late Ramswarath Prasad, R/o Muhalla-
Mansarowar Colony, Hospital Road, P/S Araah Town in the District of
Bhojpur at Arah.
... ... Petitioner/s
Versus
1. The State Of Bihar Through Its Principal Secretory Home Dept. Govt. Of
Bihar, Patna and Ors
2. The Inspector General of Police, Bhagalpur.
3. The Superintendent of Police, Banka.
4. The Officer Deputy Superintendent of Police, Banka.
5. The Station House Officer SHO of Fulliduamar Police Station, Banka.
6. The Chairman, Bihar State Food and Civil Supplies Col. Ltd., Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar, Advocate.
For the State : Mr. Manish Kumar, GP-4
Mr. Deepak Kumar, AC to G.P.-4
For the BSFC : Mr. Shailendra Kumar Singh, Advocate.
Ms. Manju Kumari, Advocate.
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
6 03-02-2026 The present writ petition has been preferred by the
petitioner for quashing the First Information Report bearing
Amarpur (Fullidumar) P.S. Case No. 187 of 2017 for the
offences punishable under Sections 409, 420 and 468 of the
Indian Penal Code.
2. However, learned counsel for the petitioner is
informing that in this case not only charge sheet has been
submitted but cognizance has been taken against the petitioner
Patna High Court CR. WJC No.566 of 2018(6) dt.03-02-2026
2/2
and even summons have been issued to him, and, therefore, he
intends to prefer appropriate criminal proceeding against the
order of cognizance and issuance of summons against the
petitioner.
3. Hence, learned counsel for the petitioner is seeking
permission to withdraw the present petition with liberty to file
appropriate proceeding against the cognizance/summoning
order.
4. Accordingly, the present petition is dismissed as
withdrawn with liberty to the petitioner as sought for.
(Jitendra Kumar, J)
S.Ali/-
U T
Checking your session…