Gangadhar Mandal v. The State of Bihar through the District Magistrate, Bhagalpur, Dist- Bhagalpur
Case brief
What is this about?
Quashing of FIR refused — Patna High Court, Criminal Writ Jurisdiction Case No.435 of 2023, decided 17-06-2025 by Justice Sandeep Kumar. Petitioner Gangadhar Mandal sought quashing, to his extent alone, of FIR of Ekchari P.S. Case No. 36 of 2021 (PS Case 36/2021, Thana Ekchari, District Bhagalpur), registered under Sections 147, 149, 341, 323, 307, 302 IPC and under investigation before A.C.J.M.-XI, Bhagalpur, arising from a 13.10.21 written complaint by Shiv Narayan Singh alleging a lathi assault by Pawan Kumar Mandal and nine others (including the petitioner) causing the spot death of Binod Mandal. Court held FIR cannot be quashed on affidavit evidence or defence of accused; investigating agency to consider defence and submit final report/charge-sheet per law; liberty granted to file representation with Superintendent of Police, Bhagalpur for further inquiry/verification of alibi, to be considered per law; petitioner (Railway employee) to co-operate in any further investigation. Keywords: FIR quashing rejected, alibi, defence of accused, investigation agency, Superintendent of Police representation, charge-sheet, final report, Bhagalpur, Ekchari, IPC 302/307.