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Patna High Court

Md. Enul Haque and OrsversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

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

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
                                                          2/2




                        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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