Patna High Court

Gautam YadavversusState Of Bihar and Anr

Decided: 30 March 2026
Disposal: DISPOSED
Bench: SUNIL DUTTA MISHRA

Holding

The petition was disposed of, granting the petitioner liberty to raise his objections in the trial court.

Summary

The petitioner, Gautam Yadav, filed a petition under Section 482 of the CrPC seeking to quash an order dated 06‑09‑2017 passed by the Additional Chief Judicial Magistrate‑III, Jamui, in case No. 59 of 2015. The petitioner argued that the matter could be disposed of by allowing him to raise all objections at the appropriate stage in the trial court. The State of Bihar, represented by an Additional Public Prosecutor, raised no objection to the petitioner's request. The Court, after hearing counsel, agreed that the petitioner should be permitted to pursue his objections in the trial court and therefore disposed of the petition granting the relief sought. Consequently, the order of the magistrate was not set aside but the petitioner was given liberty to proceed with his objections in the trial proceedings.

Issues considered

What is the appropriate remedy for a petition seeking quash of a magistrate's order in a criminal case?
Whether the petitioner should be allowed to raise all objections in the trial court instead of seeking immediate quash of the magistrate's order.

Subjects

Criminal Procedure Code
Section 482
quash petition
magistrate order
trial court objections
procedural liberty

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21008 of 2018
                       Arising Out of PS. Case No.-59 Year-2015 Thana- LAXMIPUR District- Jamui
                 ======================================================
                 Gautam Yadav Son of Sri Kodan Yadav @ Borhan Yadav, Resident of
                 Village-Bhadhma Hedhadiya, P.S. Laxmipur, District-Jamui.

                                                                                  ... ... Petitioner/s
                                                       Versus

           1.    The State of Bihar
           2.    Chandrashekhar Singh, Son of late Ram Naresh Singh, Resident of Village-
                 Kohbarwa, P.O. P.S. Laxmipur, District-Jamui.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Prakash Mahto, Advocate
                 For the Opposite Party/s :       Mr. Abhay Kumar – 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

7   30-03-2026                     Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. This petition has been filed for quashing the order

                   dated 06.09.2017 passed by learned Additional Chief Judicial

                   Magistrate-III, Jamui in Laxmipur P.S. Case No. 59 of 2015.

                                3. Learned counsel for the petitioner submits that this

                   case may be disposed of with liberty to the petitioner to take all

                   the objections in the Trial Court at appropriate stage.

                                4. Learned A.P.P. for the State has no objection to this

                   prayer of the petitioner.

                                5. In view of the submissions of learned counsel for
            Patna High Court CR. MISC. No.21008 of 2018(7) dt.30-03-2026
                                                        2/2




                      the parties, this case stands disposed of with liberty to the

                      petitioner, as prayed for.



                                              (Sunil Dutta Mishra, J)
utkarsh/-

U       T

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