Patna High Court
Birendra Kumar Mandal @ Birendra MandalversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The application is disposed with liberty to the petitioner to raise his points before the trial court and the trial court is directed to expedite the trial.
Summary
Birendra Kumar Mandal was taken into cognizance by the Sub‑Divisional Judicial Magistrate, Banka, under Section 7 of the Essential Commodities Act, 1955. He filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash the magistrate’s order and to be allowed to raise the points raised in his petition before the trial court at a later stage. The State of Bihar raised no objection to the relief sought. The Court, after hearing counsel, disposed of the application, granting the petitioner liberty to raise his points before the trial court and directing the trial court to expedite the disposal of the pending trial. The order dated 08‑01‑2014 was not quashed but the proceedings were ordered to be fast‑tracked.
Issues considered
- Whether the order of the Sub‑Divisional Judicial Magistrate taking cognizance under Section 7 of the Essential Commodities Act can be quashed under Section 482 of the CrPC
- Whether the petitioner may be granted liberty to raise the points raised in his petition before the trial court at a later stage
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Essential Commodities Act, 1955 — s. 7
Subjects
- Essential Commodities Act
- Section 7
- Criminal Procedure Code
- Section 482
- quash order
- trial expeditious
- criminal miscellaneous
- cognizance
- liberty to raise points
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14617 of 2017
Arising Out of PS. Case No.-69 Year-2013 Thana- CHANDAN District- Banka
======================================================
Birendra Kumar Mandal @ Birendra Mandal Son of Sri Baidhyanath Mandal,
Resident of Village- Chandan, P.S.- Chandan and District- Banka.
... ... Petitioner/s
Versus
The State of Bihar;.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ramesh Kumar Agrawal, Advocate.
For the Opposite Party/s : Mr. Shantanu Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
7 26-03-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The present Cr. Misc. Application has been filed
under Section 482 of Cr.P.C. for quashing the order dated
08.01.2014 passed by learned Sub-Divisional Judicial
Magistrate, Banka in connection with G.R. No.1801 of 2013 (Tr.
No.3438 of 2014) (Arising out of Chandan P.S. Case No.69 of
2013) by which cognizance was taken against the petitioner
under Section 7 of the Essential Commodities Act, 1955.
3. After some argument, learned counsel for the
petitioner submits that this case may be disposed of with liberty
to the petitioner to take all the points raised in the petition
before the learned Trial Court at appropriate stage.
4. Learned A.P.P. for the State has no objection to this
Patna High Court CR. MISC. No.14617 of 2017(7) dt.26-03-2026
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prayer of the petitioner.
5. Considering the submissions of learned counsels
for the parties, the present Cr. Misc. Application stands disposed
with liberty to the petitioner, as prayed for.
6. Since, the matter is of the year 2013, therefore, the
learned Trial Court is directed to expedite the disposal of trial of
G.R. No.1801 of 2013 (Tr. No.3438 of 2014) (Arising out of
Chandan P.S. Case No.69 of 2013).
(Sunil Dutta Mishra, J)
Ritik/-
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