Patna High Court
Prabhunath TiwaryversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court disposed of the petition as there was no objection from any party.
Summary
The petitioner, Prabhunath Tiwary, filed a petition under Section 319 of the Criminal Procedure Code seeking to quash an order dated 06-02-2018 passed by the Additional Sessions Judge, which had rejected the prosecution's petition. The order arose from a criminal case (Barauli PS Case No. 101 of 2014) and the petitioner contended that the rejection should be set aside. Both the State of Bihar and the second opposite party, Rajesh Kumar Tiwari, expressed no objection to the petitioner's request for disposal. The learned counsel for the petitioner, the Additional Public Prosecutor for the State, and counsel for the opposite party all appeared before the Hon'ble Justice Sunil Dutta Mishra. In view of the unanimous consent of the parties, the court disposed of the petition without further hearing. Consequently, the order of the Additional Sessions Judge remains unchallenged, and the petition is closed.
Issues considered
- Whether the order of the Additional Sessions Judge rejecting the prosecution's petition under Section 319 of the Criminal Procedure Code can be quashed
Legislation cited
- Code of Criminal Procedure, 1973 — s. 319
Subjects
- Criminal Procedure
- Section 319
- Quash Petition
- Petition Disposal
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19864 of 2018
Arising Out of PS. Case No.-101 Year-2014 Thana- BARAULI District- Gopalganj
======================================================
Prabhunath Tiwary Son of Late Kedarnath Tiwari, Resident of Village-
Bharkuiyan Tiwari Tola, Police Station-Barauli, District-Gopalganj.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Rajesh Kumar Tiwari @ Munchun Tiwari Son of Binay Shanker Tiwari,
Resident of Village-Bharkuiyan Tiwari Tola, Police Station-Barauli, District-
Gopalganj.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raghav Prasad, Advocate
For the State : Mr. Sanjay Kumar, APP
For O.P. No. 2 : Dr. Chandra Shekhar Azad, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
7 16-03-2026 Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel for the O.P. No. 2.
2. This petition has been filed for quashing the order
dated 06.02.2018 passed by learned Additional Sessions Judge-
VIII, Gopalganj in S.Tr. No. 453 of 2015, arising out of Barauli
P.S. Case No. 101 of 2014, whereby and whereunder the Court
concerned has rejected the petition filed by the prosecution u/s
319 of Cr.P.C.
3. Learned counsel for the petitioner submits that this
case may be disposed of.
4. Learned A.P.P. for the State and learned counsel for
the O.P. No. 2 have no objection to this prayer of the petitioner.
Patna High Court CR. MISC. No.19864 of 2018(7) dt.16-03-2026
2/2
5. In view of the submissions of learned counsels for
the parties, this case stands disposed of.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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