Asha Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61239 of 2025 In CRIMINAL MISCELLANEOUS No.62281 of 2021 Arising Out of PS. Case No.-48 Year-2018 Thana- FORBESGANJ District- Araria ====================================================== 1.

Asha Gupta W/O Satyabrat Gupta R/O- Makalpur, 1st Lane, Mahvir, Nagar, Near Nathpani Mandir, P.S.- Balasore, Distt- Balasore (Odisha), Pin756003. 2.

Satyabrat Gupta S/O Late Triveni Gupta R/O- Makalpur, 1st Lane, Mahvir, Nagar, Near Nathpani Mandir, P.S.- Balasore, Distt- Balasore (Odisha), Pin756003. 3.

Sunil Kumar Gupta S/O Satyabrat Gupta R/O- Makalpur, 1st Lane, Mahvir, Nagar, Near Nathpani Mandir, P.S.- Balasore, Distt- Balasore (Odisha), Pin756003. ... ... Petitioner

Versus

1.

The State of Bihar 2.

Priti Kumari W/O Anil Kumar Gupta R/O Makalpur, 1st Lane, Mahvir Nagar, Near Nathpani Mandir, P.S- Balasore, Dist.- Balasore (Odisha), Pin756003, Local Address- C/O Vijay Sah, Mohhala- Bengali Tola, Ward No.- 24, Farbisganj, P.S- Farbisganj, Distt.- Araria, Pin- 8544318. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioners :

Mr. Baban Kumar, Advocate For the State :

Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 10-10-2025 Heard learned counsel for the parties.

2.

This application has been filed for modification of the order dated 03.04.2025 passed by this Court in Criminal Miscellaneous No.62281 of 2021 which has been filed for quashing the F.I.R. vide Mahila P.S. Case No.48 of 2018.

3.

Learned counsel for the petitioner submits

Patna High Court CR. MISC. No.61239 of 2025(2) dt.10-10-2025 2/2 that this Court vide order dated 03.04.2025 has disposed of the quashing petition on the ground that the charge-sheet has been filed in the case. However, now the learned counsel for the petitioner submits that the charge-sheet has not been filed till date and therefore, the stage of the case has not changed. 4.

In the opinion of this Court, this modification application is not maintainable. Hence, it is rejected. The petitioner is given liberty to file fresh quashing application and challenge the F.I.R. if the charge-sheet has not been filed. If the charge-sheet has already been filed, the petitioner may file a quashing application after cognizance is taken.

(Sandeep Kumar, J) pawan/- U T