Gourav Priyadarshi v. The State of Bihar

Patna HC4 May 2026CR. MISC./47088/2023

Case brief

AI extract

What is this about?

Gourav Priyadarshi v. State of Bihar & Anr. (Manju Devi); Patna High Court CRIMINAL MISCELLANEOUS No.47088 of 2023; Ansul, J.; quashing of cognizance order dated 09.06.2022 (Complaint Case No. 365/2022, offences u/s 323 and 448/34 IPC) and revisional order dated 07.06.2023 (Cr. Revision No. 124 of 2022); no allegation of assault against petitioner, only threat to withdraw case; related Nathnagar P.S. Case No. 101 of 2022 and pending Title Suit No. 117 of 2014; petition allowed; NAFR.

What did the court decide?

Quashing of the order dated 07.06.2023 (Cr. Revision No. 124 of 2022, Sessions Judge, Bhagalpur) and the order of cognizance dated 09.06.2022 (Complaint Case No. 365/2022, Judicial Magistrate, 1st Class, Bhagalpur) so far as the petitioner is concerned. ¶¶23

Gourav Priyadarshi Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the order of cognizance dated 09.06.2022 in Complaint Case No. 365/2022 and the revisional order dated 07.06.2023 in Cr. Revision No. 124 of 2022 should be quashed so far as the petitioner is concerned.

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Court's answer

On the record as narrated, there is no allegation of assault against the petitioner; the only allegation against him is that at the fag end of the complaint he is said to have threatened to withdraw the case.

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Ratio / Principle

The order dated 07.06.2023 passed by the Sessions Judge, Bhagalpur in Cr. Revision No. 124 of 2022 and the order of cognizance dated 09.06.2022 passed by the Judicial Magistrate, 1st Class, Bhagalpur in Complaint Case No. 365/2022 (offences u/s 323 and 448/34 IPC) stand quashed so far as the petitioner is concerned.

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Detailed headnote1 paragraphs

Patna High Court, CRIMINAL MISCELLANEOUS No.47088 of 2023 (Ansul, J., oral judgment dated 04-05-2026; NAFR): Petition by Gourav Priyadarshi seeking quashing of the order dated 07.06.2023 passed by the Sessions Judge, Bhagalpur in Cr. Revision No. 124 of 2022 and the order of cognizance dated 09.06.2022 passed by the Judicial Magistrate, 1st Class, Bhagalpur in Complaint Case No. 365/2022 (arising out of PS Case No. 365 of 2022, District Bhagalpur), whereby cognizance was taken for offences u/s 323 and 448/34 of the Indian Penal Code. The court recorded that although the accused persons were alleged to have entered the complainant's house on 09.03.2022, there was no allegation of assault against the petitioner, whose only alleged role was that at the fag end of the complaint he threatened to withdraw the case; counsel pointed to an earlier Nathnagar P.S. Case No. 101 of 2022 by the informant in which the petitioner was not an accused, and a pending Title Suit No. 117 of 2014 (filed 10.11.2014 by the complainant's husband against the petitioner's father). Both orders were quashed so far as the petitioner is concerned and the petition was allowed.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.47088 of 2023

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Arising out of PS. Case No.-365 Year-2022 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur

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

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Gourav Priyadarshi, Son of Bipin Thakur, R/o-Gosaidaspur, (PURANI Sarai), P.S.-Nathnagar, Distt.-Bhagalpur

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... ... Petitioner/s

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Versus

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The State of Bihar

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Manju Devi, Wife of Vijay Kumar Mishra, R/o-Gosaindaspur, P.S.Nathnagar, Distt.-Bhagalpur.

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Ranjan Kumar Jha, Advocate : Ms. Nitu Kumari, Advocate For the State : Mr. Pranav Kumar, APP For the OP No. 2 : Mr. Pankaj Kumar, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANSUL ORAL JUDGMENT

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Date : 04-05-2026

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Heard learned counsel for the petitioner, learned counsel for the Informant and learned Additional Public Prosecutor for the State.

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2. Petitioner seeks quashing of the order dated 07.06.2023 passed by learned Sessions Judge, Bhagalpur in Cr. Revision No. 124 of 2022 as well as the order of cognizance dated 09.06.2022 passed by learned Judicial Magistrate, 1^st Class, Bhagalpur in Complaint Case No. 365/2022 by which he has taken cognizance for the offences u/s 323 and 448/34 of the Indian Penal Code.

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Patna High Court CR. MISC. No.47088 of 2023 dt.04-05-2026 2/3

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3. The allegation against the petitioner is that on 09.03.2022 at 9.30 P.M. the accused persons entered the house of the complainant. There is no allegation of assault against the petitioner and the only allegation against him is that at the fag end of the complaint he is said to have threatened to withdraw the case.

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4. Learned counsel for the petitioner submits that there is an earlier case which was filed by the informant bearing Nathnagar P.S. Case No. 101 of 2022. In the earlier case filed by the informant the petitioner is not an accused. He is an Engineer. Moreover, the husband of the complainant had filed a Title Suit No. 117 of 2014 against father of the petitioner on 10.11.2014 which is pending adjudication.

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5. That there is a civil dispute between the parties and there is an attempt to settle the dispute through criminal prosecution as well as the fact that there is no specific allegation against the petitioner and he has a future which would be disturbed by such proceedings.

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6 . Learned counsel for the informant as well as learned Additional Public Prosecutor for the State has vehemently opposed the quashing of the orders dated 07.06.2023 and 09.06.2022.

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7. In such view of the matter, the order dated 07.06.2023 passed by learned Sessions Judge, Bhagalpur in Cr. Revision No.

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Patna High Court CR. MISC. No.47088 of 2023 dt.04-05-2026 3/3

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124 of 2022 as well as the order of cognizance dated 09.06.2022 passed by learned Judicial Magistrate, 1^st Class, Bhagalpur in Complaint Case No. 365/2022 by which he has taken cognizance for the offences u/s 323 and 448/34 of the Indian Penal Code is quashed so far as the petitioner is concerned.

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8. Accordingly, the present petition is allowed.

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(Ansul, J)

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Vikash/-

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Gourav Priyadarshi v. The State of Bihar

Case brief

What is this about?

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Gourav Priyadarshi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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