Patna High Court
Rakhi Devi @ Soni Devi and AnrversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition was disposed of, granting the petitioners liberty to raise their points before the trial court.
Summary
The petitioners, Rakhi Devi and Arjun Sao, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an order dated 08‑03‑2016 that had taken cognizance of offences under Sections 302, 201 and 34 of the Indian Penal Code. They requested that the petition be disposed of with liberty to raise all points before the trial court at the appropriate stage. The State of Bihar raised no objection to this prayer. Justice Sunil Dutta Mishra disposed of the petition, granting the petitioners the liberty they sought to present their arguments before the trial court. No substantive order quashing the earlier order was made; the petition was simply dismissed with liberty.
Issues considered
- Whether a petition under Section 482 Cr.P.C. for quashing the taking of cognizance is maintainable in the present circumstances
- Whether the petitioners should be allowed liberty to raise all points before the trial court
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 201, 302, 34
Subjects
- Criminal Procedure
- Section 482 CrPC
- Quash Petition
- Murder (Section 302 IPC)
- Conspiracy to conceal murder (Section 201 IPC)
- Criminal conspiracy (Section 34 IPC)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22894 of 2016
Arising Out of PS. Case No.-25 Year-2013 Thana- MAHILA P.S. District- Nawada
======================================================
1. Rakhi Devi @ Soni Devi, W/o Arjun Sao
2. Arjun Sao son of Late Ramchandra Sao Both R/o Mohalla - Rajendra Nagar,
p.s. - Town, District - Nawada.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dr. Anjani Pd. Singh, Advocate
For the Opposite Party/s : Mr. Tapeshwar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
6 21-04-2026 Heard learned counsel for the petitioners 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 08.03.2016 passed by
the learned A.C.J.M., III, Nawada in Nawada Mahila P.S. Case
No. 25 of 2013 by which cognizance was taken against the
petitioners for the offences under Sections 302, 201/34 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
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
Patna High Court CR. MISC. No.22894 of 2016(6) dt.21-04-2026
2/2
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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