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IN THE HIGH COURT OF JUDICATURE AT PATNA
SOURENDRA PANDEY
Saurav Raj, S/o Dilip Kumar Sinha – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
SOURENDRA PANDEY, J.
Heard Mr. Madhukar Mohan, learned counsel for the petitioner; Mr. Raju Giri, learned Senior counsel assisted by Mr. Harsh Vardhan, learned counsel, for the opposite party no.2 and learned A.P.P. for the State.
2. The present application has been filed by the petitioner invoking the inherent jurisdiction of this Hon’ble Court for quashing the order dated 13.05.2024 passed by the learned Additional Chief Judicial Magistrate-I, East, Muzaffarpur in Kazi Mohammadpur P.S. Case No.122 of 2024 by which the learned Additional Chief Judicial Magistrate-I, East, Muzaffarpur has accepted the final form submitted by the Investigating Officer.
3. The facts giving rise to the present application is to the effect that the petitioner lodged an FIR bearing Kazi Mohammadpur P.S. Case No. 122 of 2024 dated 10.04.2024 alleging therein that on 26.03.2023 at around 10:15 AM while he was on the duty of maintaining law and order on account of the visit of the Hon’ble Governor of Bihar at District Guest House, Muzaffarpur, his wife/ opposite party no.2 all of a sudden came to the guest house and started shouting at him using vulgar language. It is alleged that she slapped him a
Once a Magistrate takes cognizance of an offense, he cannot revert to pre-cognizance stages, preventing subsequent orders for FIR registration.
Territorial jurisdiction of Court – Although for trial of a case instituted on a police report no provision parallel to Section 201 of Cr.P.C. has been prescribed, there is no difficulty in borrowing....
The main legal point established is the power of the High Court to quash criminal proceedings under Section 482 of the CrPC if they are manifestly frivolous or vexatious, and if instituted with an ul....
The court emphasized that the veracity of defense materials cannot be examined at the stage of quashing the FIR and that the power of quashing should be exercised sparingly. It also highlighted that ....
The court quashed the FIR under Section 420 IPC, finding no cognizable offence and highlighting the violation of natural justice principles in the registration process.
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