In Naveen Kumar Sah vs. State of Bihar & Ors. (2026), Supreme Court's Division Bench of Justices Manoj Misra and Manmohan passed a 6-page long order dated January 19, 2026, wherein, it concluded: ".....we are of the view that since the High Court was not apprised of the charge-sheet submitted after investigation, and the impugned order came to be passed without considering the charge-sheet and the materials collected in support thereof, the impugned order cannot be sustained, and the matter requires reconsideration by the High Court. Consequently, the appeal is allowed. The impugned order dated 14.07.2025 is set aside. The writ petition of the petitioner (respondent no.7 herein), namely, Criminal Writ Case No.531 of 2024, shall stand restored on the file of the High Court to be dealt with afresh in accordance with law. 8. We clarify that parties shall bring on record of the High Court the charge-sheet and the materials submitted in support thereof. 9. Pending application(s), if any, shall stand disposed of." The High Court's 3-page long order in Bijay Prasad Sah vs. The State of Bihar & Ors. (2025) was passed by Justice Sandeep Kumar. Naveen Kumar Sah was the Respondent No. 7 in the High Court.
The Court granted leave and allowed the appeal. The appeal impugned judgment and order of the Patna High Court of Judicature at Patna dated July 14, 2025 by which the High Court, while exercising its writ jurisdiction, quashed the first information report (FIR) under Sections 341, 323 and 504 of the Indian Penal Code, 1860 (IPC) and Section 27 of the Arms Act, 1959 (Arms Act).
The submission of the counsel for the appellant (complainant) was that prior to the date the order of the High Court was passed, the Investigating Agency had already submitted a charge-sheet indicting the accused of offences punishable, inter alia, under Sections 188, 290, 341, 323, 504 of the IPC; Section 26(1) of the Arms Act and Section 67 of I.T. Act, 2000. It was submitted that the High Court failed to consider the charge-sheet and the materials collected in support thereof before exercising its writ jurisdiction to quash the FIR.
In Mamta Shailesh Chandra vs. State of Uttarakhand and others1 it was held that even if charge sheet had been filed, the Court could still examine if offences alleged to have been committed were prima facie made out or not on the basis of the FIR, charge-sheet and other documents. Likewise, in Somjeet Mallick v. State of Jharkhand & Ors.2, this Court held:
“19. No doubt, a petition to quash the FIR does not become infructuous on submission of a police report under Section 173(2) of the CrPC, but when a police report has been submitted, particularly when there is no stay on investigation, the Court must apply its mind to the materials submitted in support of the police report before taking a call whether the FIR and consequential proceedings should be quashed or not. ..”
Justice Kumar had concluded:". It appears that the land of the petitioner was forcibly being used as informant and others as the informant has not been able to show any order of any authority declaring the land of the petitioner as aam rasta (common passage). If the land of the petitioner was being used as aam rasta (common passage) by the informant and others forcibly then the petitioner has a right of private defence and he has not exceeded that right. 8. In view of the above, I am of the view that the present F.I.R. is nothing but an abuse of the process of the Court. Accordingly, this criminal writ application is allowed and the F.I.R. vide Mojahidpur P.S. Case No.246 of 2023 and all consequential proceedings arising therefrom are hereby quashed."
Supreme Court observed that the counsel for respondent no.7, though could not dispute that charge-sheet was submitted before the impugned order was passed, submitted that the allegations were false and malicious. Moreover, there was a dispute regarding a passage which the accused claims to be his own. Otherwise also, the allegations were only regarding a shot being fired in air. As the shot was allegedly fired from a weapon licensed to the accused, no offence was committed by the accused.
It noted:"Be that as it may, as it has been brought on record that before the date of the order of the High Court, a charge-sheet was submitted by the Investigating Agency, the same ought to have been brought to the notice of the High Court."
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