Patna High Court
SHAILENDRA KUMAR AND ORSversusThe State of Bihar AND ANR
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court found no illegality in the order and dismissed the petition to quash.
Summary
The petitioners filed an application under Section 311 of the Criminal Procedure Code seeking to quash an order dated 11‑01‑2018 passed by the Judicial Magistrate, 1st Class, Kaimur, which had allowed the complainant’s petition under the same provision. The High Court examined whether the lower court’s order was illegal, noting that the complainant had not been given a hearing but had subsequently filed an application indicating his desire to continue the prosecution. The Court held that there was no illegality in the impugned order and, in the interest of justice, dismissed the petition. It directed the lower court to proceed with the trial and to conclude the proceedings within three months, warning that the case would be closed if the complainant failed to cooperate. The order was communicated to the Principal District and Sessions Judge for compliance.
Issues considered
- Whether the order of the Judicial Magistrate allowing the complaint under Section 311 CrPC is illegal.
- Whether the complainant’s lack of hearing warrants quashing the order under Section 311 CrPC.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 311
Subjects
- Section 311 CrPC
- quash order
- complaint proceeding
- procedural fairness
- criminal miscellaneous
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21807 of 2019
Arising Out of PS. Case No.-719 Year-2013 Thana- BHABHU(KAIMUR) COMPLAIN C
District- Kaimur (Bhabua)
======================================================
1. SHAILENDRA KUMAR AND ORS son of Late Ram Govind Prasad,
resident of Muhalla- Ward No. 16, Bhabua, P.S.- Bhabua, District- Kaimur.
2. Ramendra Kumar, son of Late Ram Govind Prasad, resident of Muhalla-
Ward No. 16, Bhabua, P.S.- Bhabua, District- Kaimur.
3. Amrendra Kumar, Son of Late Ram Govind Prasad, resident of Muhalla-
Ward No. 16, Bhabua, P.S.- Bhabua, District- Kaimur.
4. Ravindra Kumar, son of Late Ram Govind Prasad, resident of Muhalla-
Ward No. 16, Bhabua, P.S.- Bhabua, District- Kaimur.
... ... Petitioner/s
Versus
1. The State of Bihar AND ANR Bihar
2. Ijhar Ansari, Son of Late Kutubuddin Ansari, Resident of Mohalla- Ward
No. 17, Bhabua, P.S.- Bhabua, District- Kaimur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajesh Kumar Mishra
For the Opposite Party/s : Mr.Dr. Kumar Uday Pratap
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 20-01-2026 Heard the parties.
2. This application has been filed on behalf of the
petitioner for quashing the order dated 11.01.2018 passed by the
learned Judicial Magistrate, 1st Class, Kaimur at Bhabhua in
Complaint Case No. 719 of 2013 by which the petition filed by
the complainant under Section 311 of the Cr.P.C. has been
allowed.
3. From perusal of the impugned order and the records
of the case, it appears that the complainant could not get the
Patna High Court CR. MISC. No.21807 of 2019(5) dt.20-01-2026
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opportunity of hearing and therefore he has appeared and filed
an application under Section 311 of the Cr.P.C. which shows
that he wants to continue the prosecution.
4. In view of the above and in the interest of justice,
this Court finds no illegality in the impugned order.
5. Accordingly, this application is dismissed and the
Court below is directed to proceed in the matter and conclude
the proceedings of the case within the next three months from
today.
6. It is made clear that if the complainant does not
appear or does not co-operate in the trial in future then the case
shall be close on the basis of the materials available on record.
7. Let a copy of this order be communicated to the
Principal District and Sessions Judge, Kaimur through FAX for
its compliance.
(Sandeep Kumar, J)
Vikas/-
U
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