Dismissed¶¶35

Madhuri Kumari v. The State of Bihar

Patna HC5 Jan 2026CR. MISC./2314/2025

Case brief

AI extract

What is this about?

Section 482 CrPC quashing of FIR; dismissal as withdrawn with liberty to file afresh; dismissal as infructuous; final form submitted; petitioner not sent up for trial; protest petition; IPC Sections 363, 365, 34; Civil Lines PS Case No. 190 of 2024; Civil Line P.S. Case No. 353 of 2024; Gaya; Jehanabad; Patna High Court; Rudra Prakash Mishra, J.; order dated 05-01-2026.

What did the court decide?

Cr. Misc. No. 1950 of 2025 dismissed as withdrawn with liberty to the petitioner to approach the Court afresh, if so advised (no opinion expressed on merits); Cr. Misc. No. 2314 of 2025 dismissed as infructuous with liberty to the petitioner to approach the Court again in case of any adverse order or if summoned pursuant to any protest petition or otherwise. ¶¶35

Madhuri Kumari Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

¶¶35

Issue for consideration

Whether the application under Section 482 CrPC in Cr. Misc. No. 1950 of 2025 for quashing of FIR Civil Lines PS Case No. 190 of 2024 should be permitted to be withdrawn with liberty to move afresh by a comprehensive petition. +1 more

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Court's answer

Cr. Misc. No. 1950 of 2025 is dismissed as withdrawn, with liberty to the petitioner to approach the Court afresh, if so advised; the Court expressly clarified that it has not expressed any opinion on the merits of the case.

¶¶35

Ratio / Principle

Cr. Misc. No. 2314 of 2025 is dismissed as infructuous because the petitioner was not sent up for trial and final form has already been submitted; liberty granted to approach the Court again in case any adverse order is passed against him or he is summoned by the learned court below pursuant to any protest petition or otherwise.

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Detailed headnote1 paragraphs

Patna High Court (Rudra Prakash Mishra, J.), order dated 05-01-2026, disposing of two quashing applications. (i) Cr. Misc. No. 1950 of 2025 — Sujit Kumar v. The State of Bihar & Anr. — application under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR, Civil Lines PS Case No. 190 of 2024 (Gaya); during pendency an order taking cognizance was passed and the petitioner sought amendment. The application was dismissed as withdrawn with liberty to file a comprehensive petition afresh, the State and informant having no objection; the Court clarified it had expressed no opinion on the merits. (ii) Cr. Misc. No. 2314 of 2025 — Madhuri Kumari & Ors. v. The State of Bihar & Anr. — application for quashing of FIR, Civil Line P.S. Case No. 353 of 2024, registered under Sections 363, 365 and 34 of the Indian Penal Code; since the petitioner was not sent up for trial and final form was submitted in his favour, the application was dismissed as infructuous, with liberty to approach the Court again in case of any adverse order or summons pursuant to a protest petition or otherwise.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1950 of 2025

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Arising Out of PS. Case No.-190 Year-2024 Thana- CIVIL LINE District- Gaya

¶3

======================================================

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Sujit Kumar S/O Baliram Goswami R/O Village- Baidyanathganj, P.SSakrabad (Sakurabad), District- Jehanabad.

¶5

... ... Petitioner/s

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Versus

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The State of Bihar

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Arun Goswami S/O Amarnath Goswami R/O Mohalla- Rajendra Ashram Yogiya Bagicha, P.S- Civil Lines, Distt.- Gaya.

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... ... Opposite Party/s

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======================================================

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with

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CRIMINAL MISCELLANEOUS No. 2314 of 2025

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Arising Out of PS. Case No.-353 Year-2024 Thana- CIVIL LINE District- Gaya

¶14

======================================================

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Madhuri Kumari W/O Sujit Goswami R/O Village- Baijnathganj, P.SShakurabad, Distt.- Jehananbad.

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Sanjiv Kumar Babu @ Sanjeet Kumar S/O Baliram Goswami R/O VillageBaijnathganj, P.S- Shakurabad, Distt.- Jehananbad.

¶17

Amit Kumar @ Ankit Kumar Goswami S/O Baliram Goswami R/O VillageBaijnathganj, P.S- Shakurabad, Distt.- Jehananbad.

¶18

Ajit Kumar @ Amarjeet Kumar Goswami S/O Baliram Goswami R/O Village- Baijnathganj, P.S- Shakurabad, Distt.- Jehananbad.

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Ranjit Kumar S/O Nandu Goswami @ Dinesh Goswami R/O VillageChiraili, P.S- Khizersarai, Distt.- Gaya.

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... ... Petitioner/s

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Versus

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The State of Bihar

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Arun Kumar Goswami S/O Amarnath Goswami R/O Mohalla- Jogia Bagicha Near Rajendra Ashram, P.S- Civil Lines, Distt.- Gaya.

¶24

... ... Opposite Party/s

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=============== Appearance :	====	===================================
(In CRIMINAL MISC	ELLAN	EOUS No. 1950 of 2025)
For the Petitioner/s	:	Mr. Jitendra Kumar, Advocate
For the State	:	Mr. Umanath Mishra, Advocate
For the Informant	:	Mr. Ashok Kumar Singh, Advocate
(In CRIMINAL MISC	ELLAN	EOUS No. 2314 of 2025)
For the Petitioner/s	:	Mr. Jitendra Kumar, Advocate
For the State	:	Ms. Anita Kumari, APP
For the Informant ===============	: ====	Mr. Ashok Kumar Singh, Advocate ===================================

¶26

Patna High Court CR. MISC. No.1950 of 2025(4) dt.05-01-2026 2/4

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CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

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ORAL ORDER

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4 05-01-2026

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Re: Cr. Misc. No. 1950 of 2025

¶31

Heard learned counsel for the petitioner and learned APP for the State as also learned counsel for the informant.

¶32

The present application has been filed under Section 482 of the Code of Criminal Procedure, 1973 for quashing of the FIR bearing Civil Lines PS Case No. 190 of 2024. During the pendency of the application, an order taking cognizance came to be passed, whereupon the petitioner sought amendment by filing an interlocutory application.

¶33

Learned counsel for the petitioner submits that in view of subsequent developments and to avoid piecemeal adjudication, the petitioner seeks permission to withdraw the present application with liberty to move afresh by filing a comprehensive petition, in accordance with law.

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Learned APP for the State and learned counsel for the informant have no objection.

¶35

Considering the facts and circumstances of the case and in order to secure the ends of justice, the present application is dismissed as withdrawn, with liberty to the petitioner to approach this Court afresh, if so advised.

¶36

It is clarified that this Court has not expressed any

¶37

Patna High Court CR. MISC. No.1950 of 2025(4) dt.05-01-2026 3/4

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opinion on the merits of the case.

¶39

Re: Cr. Misc. No. 2314 of 2025

¶40

Heard learned counsel for the petitioner and learned APP for the State as also learned counsel for the informant.

¶41

The present application has been filed for quashing of the FIR arising out of Civil Line P.S. Case No. 353 of 2024, registered under Sections 363, 365 and 34 of the Indian Penal Code.

¶42

Learned counsel for the petitioner submits that during the course of investigation, the petitioner has not been sent up for trial and the police, after completion of investigation, has submitted final form in his favour. In view of the subsequent development, no cause of action survives for consideration in the present application.

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Learned APP for the State and learned counsel for the informant do not controvert the aforesaid submission.

¶44

Considering the fact that the petitioner has not been sent up for trial and final form has already been submitted, the present application has become infructuous.

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Accordingly, this application is dismissed as infructuous, with liberty to the petitioner to approach this Court again in case any adverse order is passed against him or if he is

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Patna High Court CR. MISC. No.1950 of 2025(4) dt.05-01-2026 4/4

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summoned by the learned court below pursuant to any protest petition or otherwise.

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(Rudra Prakash Mishra, J)

¶49

Raj Kishore/- U T

Madhuri Kumari v. The State of Bihar

Case brief

What is this about?

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Madhuri Kumari v. The State of Bihar

Case brief

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