Patna High Court
SHAMBHUSARAN DUBEYversusThe State of Bihar through S.P. Aurangabad (Bihar).
- Decided
- Disposal
- DISPOSED
- Bench
- ARUN KUMAR JHA
Holding
The writ petition is disposed of as the investigation has been closed in favor of the petitioners.
Summary
The petitioners, three members of the Dubey family, filed a writ petition seeking quash of FIR No. 120 of 2018 registered at Goh Police Station, alleging that the FIR was filed contrary to Supreme Court guidelines in Priyanka Srivastava & Anr. v. State of U.P. However, the investigating agency submitted a closure report and a final report indicating that the petitioners were not to be arraigned. The court noted that the relief sought by the petitioners had effectively been granted by the closure of the investigation. Consequently, the court held that there was no longer any issue for adjudication. The writ petition was therefore disposed of.
Issues considered
- Whether the FIR registered at Goh Police Station contravened the guidelines laid down by the Supreme Court in Priyanka Srivastava & Anr. v. State of U.P.
- Whether the filing of a closure report and final report in favor of the petitioners obviates the need for a writ petition seeking quash of the FIR.
Subjects
- Criminal Procedure Code
- FIR quash
- Writ petition
- Closure report
- Supreme Court guidelines
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.875 of 2022
Arising Out of PS. Case No.-120 Year-2018 Thana- GOH District- Aurangabad
======================================================
1. Shambhusaran Dubey Son of Late Umakant Dubey Resident of Village, P.O.
and P.S.- Goh, District - Aurangabad (Bihar)
2. Chandra Shekhar Dubey Son of Shambhusaran Dubey Resident of Village,
P.O. and P.S.- Goh, District - Aurangabad (Bihar)
3. Amarnath Dubey Son of Shambhusaran Dubey Resident of Village, P.O. and
P.S.- Goh, District - Aurangabad (Bihar)
... ... Petitioners
Versus
1. The State of Bihar through S.P. Aurangabad (Bihar), Bihar.
2. Sunil Kumar Dubey Son of Late Awadesh Nandan Dubey Resident of
Village and P.S.- Goh, District - Aurangabad.
... ... Respondents
======================================================
Appearance :
For the Petitioner/s : Mrs. Archana Sinha @ Archana Shahi, Sr. Adv.
Mr. Alok Kumar, Advocate
Ms. Nisha Kumari, Advocate
Mr. Manish Kr. Paswan, Advocate
For the Respondent/s : Mr. Deepak Kumar, AC to GP-4
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
7 13-02-2026 Heard learned counsel for the parties.
2. Learned senior counsel appearing on behalf of
petitioners submits that though the present writ petition has been
filed for quashing FIR of Goh P.S. Case No. 120 of 2018, which
was instituted in contravention of guidelines issued by the
Hon’ble Supreme Court in case of Priyanka Srivastava & Anr.
v. State of U.P. & Ors., reported in 2015 (6) SCC 287, yet as the
final form has been submitted against the petitioners showing it
to be a mistake of law and the petitioners are no more arraigned as
Patna High Court CR. WJC No.875 of 2022(7) dt.13-02-2026
2/2
accused, the matter may be disposed of with observation.
3. Having regard to the submissions made on
behalf of the rival parties, as a closure report has been submitted
against the petitioners and final form to this effect has been
filed, the matter does not survive for consideration as relief
sought by the petitioners has effectively been granted and
investigation in Goh P.S. Case No. 120 of 2018 has ended in
favour of the petitioners.
4. Accordingly, the present writ petition stands
disposed of.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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