Durga Shankar Gupta v. The State Of Bihar Through Its Principal Secretory Home Dept. Govt. Of Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.566 of 2018 Arising Out of PS. Case No.-187 Year-2017 Thana- AMARPUR District- Banka ====================================================== Durga Shankar Gupta S/o Late Ramswarath Prasad, R/o MuhallaMansarowar Colony, Hospital Road, P/S Araah Town in the District of Bhojpur at Arah.

... ... Petitioner/s

Versus

1.

The State Of Bihar Through Its Principal Secretory Home Dept. Govt. Of Bihar, Patna and Ors 2.

The Inspector General of Police, Bhagalpur.

3.

The Superintendent of Police, Banka.

4.

The Officer Deputy Superintendent of Police, Banka. 5.

The Station House Officer SHO of Fulliduamar Police Station, Banka. 6.

The Chairman, Bihar State Food and Civil Supplies Col. Ltd., Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar, Advocate.

For the State :

Mr. Manish Kumar, GP-4 Mr. Deepak Kumar, AC to G.P.-4 For the BSFC :

Mr. Shailendra Kumar Singh, Advocate.

Ms. Manju Kumari, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 03-02-2026 The present writ petition has been preferred by the petitioner for quashing the First Information Report bearing Amarpur (Fullidumar) P.S. Case No. 187 of 2017 for the offences punishable under Sections 409, 420 and 468 of the Indian Penal Code.

2. However, learned counsel for the petitioner is informing that in this case not only charge sheet has been submitted but cognizance has been taken against the petitioner

Patna High Court CR. WJC No.566 of 2018(6) dt.03-02-2026 2/2 and even summons have been issued to him, and, therefore, he intends to prefer appropriate criminal proceeding against the order of cognizance and issuance of summons against the petitioner.

3. Hence, learned counsel for the petitioner is seeking permission to withdraw the present petition with liberty to file appropriate proceeding against the cognizance/summoning order.

4. Accordingly, the present petition is dismissed as withdrawn with liberty to the petitioner as sought for. (Jitendra Kumar, J) S.Ali/- U T