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Patna High Court

SHAILENDRA KUMAR AND ORSversusThe State of Bihar AND ANR

Decided
Disposal
DISMISSED

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

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
                                                      2/2




                    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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