Dismissed¶18

Vijay Prasad Verma Alias Bijay Prasad Verma v. the State of Jharkhand

Jharkhand HC29 Jan 2026Cr.M.P./3141/2024

Case brief

AI extract

What is this about?

Quashing petition dismissed; Section 528 BNSS 2023; FIR Chas P.S. case no. 540 of 2023; Sections 461, 379, 413 IPC; FIR reveals cognizable offence; petitioner not named in FIR; locus standi objection; Section 41A Cr.P.C. notice; school bus JH 09J 4324 seizure claim; Chief Judicial Magistrate Bokaro; investigation ongoing, charge-sheet not submitted; Cr.M.P. No. 3141 of 2024; Anil Kumar Choudhary; decision 29.01.2026.

What did the court decide?

Although the petitioner is not named in the FIR and the investigation was ongoing with no charge-sheet yet submitted, the undisputed fact remained that the FIR revealed the commission of a cognizable offence. ¶16

Vijay Prasad Verma Alias Bijay Prasad Verma Vs the State of Jharkhand — Jharkhand HC (2026) — LawSathi Research

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[ 2026:JHHC:2310 ]

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 3141 of 2024

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Vijay Prasad Verma @ Bijay Prasad Verma, aged about 47 years, S/o Late Gopal Prasad Verma, R/o Sonatand PO -Siwandih, PS- Marafari, Dist.-, Bokaro, Jharkhand

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...... Petitioner

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Versus The State of Jharkhand ….. Opposite Party For the Petitioner : Mr. Raj Nandan Chatterjee , Adv. Ms. Juhi Kumari, Adv. For the State : Mr. Abhay Kr. Tiwari , Addl. PP

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P R E S E N T

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HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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By the Court:- Heard the parties.

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This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 528 of B.N.S.S., 2023 with the prayer of quashing and setting aside the entire criminal proceeding including the First Information Report being Chas P.S. case no. 540 of 2023 registered for the offence punishable under Sections 461, 379, 413 of the IPC, pending in the court of learned Chief Judicial Magistrate, Bokaro.

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At the outset, it is submitted by learned counsel for the petitioner that the petitioner is not named in the FIR. It is next submitted that the petitioner is the owner of the school bus bearing registration no. JH 09J 4324 which has wrongly been seized and the vehicle the kept in the open premises of Chas police station. The Investigating Officer of the case issued a notice under Section 41A of Cr.P.C. against the petitioner and the petitioner has sent a reply to the same, hence, it is submitted that the prayer as made in this criminal miscellaneous petition be allowed.

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Learned Addl. PP vehemently opposes the prayer of the petitioner and submits that admittedly the petitioner is not named in the FIR and there is no reference of the petitioner in the FIR and as per the petitioner, the charge sheet has not yet been submitted, hence, the

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Cr.M.P. No. 3141 of 2024

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[ 2026:JHHC:2310 ]

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petitioner has no locus standi to get the FIR quashed, as he is not named in the same, hence, it is submitted that this Criminal Miscellaneous Petition being without any merit, be dismissed.

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Having heard the submissions made at the Bar and after going through materials available in the record, the only prayer of the petitioner is to quash the First Information Report and the entire criminal proceeding in connection with Chas P.S. case no. 540 of 2023 and as per the petitioner, the investigation of the case is going on and the petitioner is not named in the FIR. Further, the undisputed fact remains that the FIR reveals the commission of the cognizable offence.

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Under such circumstances, this Court is not inclined to accede to the prayer made by the petitioner in this Criminal Miscellaneous Petition in exercise of its power under Section 528 of the B.N.S.S., 2023.

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