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Patna High Court

Surendra PrasadversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

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

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/-

U         T


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