Patna High Court
Gourav Priyadarshi vs The State Of Bihar on 4 May, 2026
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47088 of 2023
Arising out of PS. Case No.-365 Year-2022 Thana- BHAGALPUR COMPLAINT CASE
District- Bhagalpur
======================================================
Gourav Priyadarshi, Son of Bipin Thakur, R/o-Gosaidaspur, (PURANI Sarai),
P.S.-Nathnagar, Distt.-Bhagalpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Manju Devi, Wife of Vijay Kumar Mishra, R/o-Gosaindaspur, P.S.-
Nathnagar, Distt.-Bhagalpur.
... ... Opposite Party/s
======================================================
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
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL JUDGMENT
Date : 04-05-2026
Heard learned counsel for the petitioner, learned counsel
for the Informant and learned Additional Public Prosecutor for the
State.
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.
Patna High Court CR. MISC. No.47088 of 2023 dt.04-05-2026
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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.
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.
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.
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.
7. In such view of the matter, the order dated 07.06.2023
passed by learned Sessions Judge, Bhagalpur in Cr. Revision No.
Patna High Court CR. MISC. No.47088 of 2023 dt.04-05-2026
3/3
124 of 2022 as well as the order of cognizance dated 09.06.2022
passed by learned Judicial Magistrate, 1st 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.
8. Accordingly, the present petition is allowed.
(Ansul, J)
Vikash/-
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