Patna High Court
Anand Bajaj @ Anandi Lal Bajaj and OrsversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition under Section 482 CrPC is disposed of, resulting in the quashing of the order of the Chief Judicial Magistrate.
Summary
The petitioners, three brothers, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an order dated 06-02-2017 of the Chief Judicial Magistrate, Purnia, which had taken cognizance of offences under Sections 420, 467, 468, 323, 504, 506, 379 and 34 of the IPC and issued summons against them. The petition argued that the proceedings should be disposed of. The State, represented by an Additional Public Prosecutor, raised no objection to the petitioners' prayer. The Hon’ble Justice Sunil Dutta Mishra, after hearing both sides, disposed of the petition, effectively granting the relief sought. Consequently, the order of the Chief Judicial Magistrate was set aside.
Issues considered
- Whether the order of the Chief Judicial Magistrate taking cognizance and issuing summons can be quashed under Section 482 of the Criminal Procedure Code?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- Criminal Procedure
- Section 482
- Quash Order
- Cognizance
- Summons
- Petition Disposal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1244 of 2018
Arising Out of PS. Case No.-339 Year-2016 Thana- PURNEA SADAR District- Purnia
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1. Anand Bajaj @ Anandi Lal Bajaj
2. Bhagwan Lal Bajaj @ Bahagwan Bajaj,
3. Bishnu Bajaj, All son of Premsukh Bajaj, resident of Village Gulabbagh,
Hansda Tola, Purnia City Road, P.S. Sadar, District- Purnia.
... ... Petitioner/s
Versus
1. State Of Bihar
2. Kistur Chand Bajaj, Son of Late Premsukh Bajaj, resident of Village-
Gulabbagh, Hansda Tola, Purnia City Road, P.S. Sadar, District- Purnia.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sada Nand Roy, Advocate
For the Opposite Party/s : Mr. Umanath Mishra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
4 12-02-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The present petition has been filed under Section
482 Cr.P.C. for quashing the order 06.02.2017 passed by the
learned Chief Judicial Magistrate, Purnia in Purnia Sadar P.S.
Case No. 339 of 2016 by which cognizance was taken against
the petitioners under Sections 420, 467, 468, 323, 504, 506, 379,
34 of the I.P.C. and issued summons against them.
3. After some argument, learned counsel for the
petitioners submits that this case may be disposed of.
4. Learned A.P.P. for the State has no objection to this
Patna High Court CR. MISC. No.1244 of 2018(4) dt.12-02-2026
2/2
prayer of the petitioners.
5. Considering the submissions of the learned
counsels for the parties, the present case is disposed of.
(Sunil Dutta Mishra, J.)
rakhi/-
U T
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