Bharat Bhushan Gupta @ Bharat Bhuhan Gupta v. the State of Bihar through the Chief Secretary, Govt. of Bihar, Patna
Case brief
What is this about?
Patna High Court, Criminal Writ Jurisdiction Case No.1624 of 2019 (decided 10-02-2026, Jitendra Kumar, J.): writ petition seeking quashing of Katihar Town P.S. Case No. 102 of 2018 (Sections 166, 420, 409, 120(B) IPC; Section 7 E.C. Act, 1955) as an impermissible second F.I.R. for the same Katihar food-grain misappropriation/missing already the subject of first F.I.R. No. 55 of 2018 lodged by the petitioner himself as District Manager, SFC Katihar; petitioner exonerated in departmental proceeding; second F.I.R. held not maintainable and quashed; State left free to investigate under the first F.I.R., seek further-investigation permission, or invoke Section 319 Cr.PC; no precedent cited.
What did the court decide?
Petition allowed; F.I.R. bearing Katihar Town P.S. Case No. 102 of 2018 quashed, with liberty to the State to investigate the petitioner under the first F.I.R. (Katihar Town P.S. Case No. 55 of 2018), including seeking permission for further investigation if closed or moving an application under Section 319 Cr.PC, and liberty to the petitioner to take all defences or raise objections as per law.