Patna High Court
Md. Enul Haque and OrsversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition is disposed with liberty to the petitioners to raise the points before the trial court, without quashing the C.J.M.'s order.
Summary
The petitioners filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an order dated 21‑06‑2014 by the learned Chief Judicial Magistrate, Vaishali, which had taken cognizance of offences under Sections 420, 467, 468, 471 and 120(B) of the Indian Penal Code. They argued that the case should be allowed to proceed with liberty to raise the points raised in the petition before the trial court at the appropriate stage. The State had no objection to the prayer. The High Court, after hearing counsel, disposed of the petition granting the petitioners the liberty to raise those points before the trial court, without quashing the C.J.M.'s order. The order effectively permits the petitioners to continue the proceedings in the trial court while preserving their right to raise the issues raised in the petition.
Issues considered
- Whether the order taking cognizance of the offences can be quashed under Section 482 CrPC.
- Whether the petitioners should be granted liberty to raise the points raised in the petition before the trial court.
Legislation cited
- Criminal Procedure Code — s. 482
- Indian Penal Code — s. 120(B), 420, 467, 468, 471
Subjects
- Section 482 CrPC
- quash order
- cognizance
- Indian Penal Code offences
- liberty to raise points
- trial court proceedings
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21940 of 2016
Arising Out of PS. Case No.-138 Year-2012 Thana- NAGAR District- Vaishali
======================================================
1. Md. Enul Haque s/o Late Abdul Subhan,
2. Sumitra Devi W/o Shankar Singh,
3. Shankar Prasad S/o Laxman Singh,
4. Manak Singh S/o Basu Singh,
5. Harihar Singh S/o Ramji Singh, All R/o village Paharpur Toi, P.S. Desari,
Distt. Vaishali.
... ... Petitioner/s
Versus
1. State Of Bihar
2. Md. Ishak s/o Gulzar R/o Village Paharpur Toi, P.S. Desari, Distt. Vaishali.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manish Chandra Gandhi, Advocate
For the Opposite Party/s : Mr. M.Haque, APP
Mr. Naresh Chandra Verma, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
6 22-06-2026 Heard learned counsel for the petitioners, learned
counsel for O.P. No. 2 and learned A.P.P. for the State.
2. The present petition has been filed under Section
482 Cr.P.C. for quashing the order dated 21.06.2014 passed by
the learned C.J.M., Vaishali in Hajipur Town P.S. Case No. 138
of 2012 by which cognizance was taken against the petitioners
for the offences under Sections 420, 467, 468, 471, 120(B) of
the I.P.C.
3. Learned counsel for the petitioners submits that this
case may be disposed of with liberty to the petitioners to take all
Patna High Court CR. MISC. No.21940 of 2016(6) dt.22-06-2026
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the points raised in the petition before the Trial Court at the
appropriate stage.
4. Learned A.P.P. for the State has no objection to this
prayer of the petitioners.
5. Accordingly, the present case is disposed of with
liberty to the petitioners, as prayed for.
(Sunil Dutta Mishra, J)
rakhi/-
U T
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