Patna High Court
Maga Ram SahniversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court disposed of the criminal miscellaneous application, granting the petitioner liberty to raise his points before the trial court.
Summary
The petitioner, Maga Ram Sahni, filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking quashment of FIR No. 204 of 2010 registered under several sections of the Indian Penal Code. The State had already filed a charge sheet on 29 August 2010. The petitioner prayed that the case be disposed of while allowing him to raise all points before the trial court at the appropriate stage. The State’s Additional Public Prosecutor raised no objection to this prayer. The Court, after hearing counsel, granted the petitioner's request, disposing of the application and permitting the petitioner to present his arguments before the trial court. No substantive order on the merits of the FIR was made.
Issues considered
- Whether the FIR registered under Sections 341, 323, 285, 307, 504 and 34 of the IPC can be quashed under Section 482 of the CrPC.
- Whether the petitioner may be granted liberty to raise all points before the trial court while the application is disposed.
Legislation cited
- Criminal Procedure Code — s. 482
- Indian Penal Code — s. 285, 307, 323, 34, 341, 504
Subjects
- Criminal Procedure
- Section 482
- Quash of FIR
- High Court
- Petition
- Trial Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16203 of 2018
Arising Out of PS. Case No.-204 Year-2010 Thana- BEGUSARAI MUFFASIL District-
Begusarai
======================================================
Maga Ram Sahni Son of Mahadev Sahni, resident of Village- Ward No. 3
Naya Tola Mohanpur, P.S.- Mufassil, District- Begusarai.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Ashok Sahni, son of Shiru Sahni, resident of Village- Naya Tola Mohanpur,
P.S.- Mufassil, District- Begusarai.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Randhir Kumar No.1, Advocate.
For the Opposite Party/s : Mr. Jharkhandi Upadhyay, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
10 22-06-2026 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 F.I.R. bearing
Begusarai Mufassil P.S. Case No.204 of 2010 registered under
Section 341, 323, 285, 307, 504/34 of the I.P.C against the
petitioner and other accused persons.
3. A counter affidavit on behalf of State has been filed
by Mr. Jharkhandi Upadhyay, learned A.P.P., in which it is stated
that charge sheet has already been filed in this case by the then
I.O. on 29.08.2010.
4. After some argument, learned counsel for the
Patna High Court CR. MISC. No.16203 of 2018(10) dt.22-06-2026
2/2
petitioner submits that this case may be disposed of with liberty
to the petitioner to take all the points as raised in the petition,
before the learned Trial Court at appropriate stage in accordance
with law.
5. Learned APP for the State has no objection to this
prayer of the petitioner.
6. In view of the above, the present Cr. Misc.
Application is disposed of with the liberty to the petitioner, as
prayed for.
(Sunil Dutta Mishra, J)
Ritik/-
U T
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