Sushil Kumar Pansari v. The State Of Bihar Through The Director General Of Police, Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37900 of 2016 Arising Out of PS. Case No.-207 Year-2015 Thana- KOTWALI District- Patna ====================================================== Sushil Kumar Pansari Son of Late Binod Kumar Pansari resident of B - 4/B Pushpa Vihar Apartment, Exhibition Road, Police Station Gandhi Maidan, District Patna 800001 ... ... Petitioner/s
Versus
1.
The State of Bihar Through The Director General Of Police, Bihar 2.
The Senior Superintendent of Police, Patna 3.
The Officer - In - Charge, Kotwali Police Station, Patna 4.
Mr. Dhiraj Kumar Investigating Officer, Kotwali Police Station Patna 5.
Prabha Sharma (Deceased) Daughter of Late Punyadeo Sharma, Wife of Late Ram Sakha Singh resident of House No. 7, Kitab Bhawan Lane, North S K. Puri, P.S. S.K. Puri, District Patna 6.
Amitabh Kumar, IRS (Customs and Indirect Taxes) Office Addres- Joint Secretary at Deptt. of Commerce, Ministry of Commerce and Industry, Vanijya Bhawan 347, New Delhi 7.
Mala Pandey NA R/o Kendriya Vihar, Flat no. 242, 4th Floor Suvidha Apartment, Plot no. 10, Sector 56, Gurugram, Harayana 8.
Meeta Mohini NA R/o House No. 7, Kitab Bhawan Path, North Srikrishna Puri, P.S.- Srikrishna Puri, Distt.- Patna, Bihar 9.
Durgesh Nandini NA R/o 4453 Brookes walk, Tucker, GA, USA 10.
Anupam Shrihari NA R/o House no. 248, Sector 31, Block A, Noida ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ambuj Nayan Chaubey, Advocate For the State :
Mr. Akshay Lal Pandit, A.P.P.
For the Informant :
Mr. Deepak Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-08-2025
1. Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel appearing on behalf of the informant.
2. Learned counsel appearing on behalf of the petitioner submits that the case is squarely covered by an order of this Court dated 01.08.2025 in Cr. Misc. No. 6941 of 2016. It is further submitted that the only difference in the instant quashing application and in Cr. Misc. No. 6941 of 2016 is that petitioner of the present quashing application is
Patna High Court CR. MISC. No.37900 of 2016(12) dt.01-08-2025 2/2 the builder who also came to be implicated along with the petitioners of Cr. Misc. No. 6941 of 2016 who are claiming to be land owners. It is next submitted that the order of cognizance against the petitioners of Cr. Misc. No. 6941 of 2016 has been quashed and since the case of the petitioner is also on a similar footing rather on a better footing than petitioners of Cr. Misc. No. 6941 of 2016, as such, learned counsel prays that the order taking cognizance against the petitioner be also quashed.
3. Learned counsel appearing on behalf of the informant is not a position to rebut the submissions made by the learned counsel appearing on behalf of the petitioner.
4. After hearing the learned counsel for the parties and taking into consideration the order dated 01.08.2025, passed in Cr. Misc. No. 6941 of 2016, the order dated 10.11.2015 passed by the learned Chief Judicial Magistrate, Patna in Kotwali P.S. Case No. 207 of 2015, GR No. 2620 of 2015, whereby cognizance has been taken under Sections 448, 380, 506 and 34 of the Indian Penal Code against the petitioner, is hereby set aside.
5. Accordingly, the instant quashing application is allowed. (Satyavrat Verma, J) Kundan/- U T