Patna High Court
Surendra PrasadversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court disposed the criminal miscellaneous application, granting the petitioner liberty to raise the points before the trial court as prayed.
Summary
The petitioner, Surendra Prasad, filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash an order dated 06‑10‑2017 passed by the Additional Chief Judicial Magistrate, Patna City, which had taken cognizance of offences under Sections 447, 506 and 353 of the Indian Penal Code. The petitioner argued that the matter should be allowed to be raised before the trial court at the appropriate stage, rather than being dismissed at the preliminary stage. The State, represented by an Additional Public Prosecutor, raised no objection to the petitioner's request. The High Court, after hearing counsel for both sides, granted the petitioner's prayer, allowing him liberty to present the points before the trial court. Consequently, the criminal miscellaneous application was disposed of in favour of the petitioner.
Issues considered
- Whether the High Court can, under Section 482 Cr.P.C., grant liberty to a petitioner to raise points before the trial court instead of quashing the magistrate’s order.
- Whether the order of the Additional Chief Judicial Magistrate taking cognizance under IPC Sections 447, 506 and 353 can be set aside.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 353, 447, 506
Subjects
- Section 482 CrPC
- quash order
- cognizance
- IPC Sections 447 506 353
- criminal miscellaneous application
- petitioner's liberty
- trial court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20759 of 2018
Arising Out of PS. Case No.-47 Year-2017 Thana- ALAMGANJ District- Patna
======================================================
Surendra Prasad S/o Late Yadunanand Prasad, R/o Village- Paigamberpur,
P.S.- Belchi, District- Patna. At Present K- 134, Hanuman Nagar, P.S.-
Kankerbagh, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Dr. Anand Prasad Singh, Suprintendent , Nalanda Medical College and
Hospital, Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Jasjit Pranjal, Advocate.
Mr. Amrit Jay Kumar Roy, Advocate.
Mr. Upendra Ujjwal, Advocate.
For the Opposite Party/s : Mr. Md. Ashlam Ansari, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
4 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
06.10.2017 passed by learned Additional Chief Judicial
Magistrate, Patna City in connection with G.R. No.427 of 2017
arising out of Alamganj P.S. Case No.47 of 2017 by which
cognizance was taken against the petitioner under Sections 447,
506, 353 of the I.P.C.
3. After some argument, learned counsel for the
petitioner submits that this case may be disposed of with liberty
Patna High Court CR. MISC. No.20759 of 2018(4) dt.26-03-2026
2/2
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
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.
(Sunil Dutta Mishra, J)
Ritik/-
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