Patna High Court
Premlawati Devi @ Prem Lata KumariversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition is disposed of with liberty to the petitioner to raise objections in the trial court, without quashing the impugned order.
Summary
The petitioner filed a petition under criminal miscellaneous proceedings seeking to quash an order dated 10 March 2011 passed by the Sub‑Divisional Judicial Magistrate, Buxar, in complaint case No. 1247 of 2010. The petition alleged that the order should be set aside and requested liberty to raise any objections in the trial court. Both parties were heard, and the State of Bihar raised no objection to the relief sought by the petitioner. The court, after considering the submissions, decided not to quash the order but to dispose of the petition, granting the petitioner liberty to present objections at the appropriate stage in the trial court. Consequently, the petition was disposed of with the liberty granted to the petitioner.
Issues considered
- Whether the order dated 10 March 2011 passed by the Sub‑Divisional Judicial Magistrate can be quashed
Subjects
- quash order
- criminal miscellaneous
- petition
- trial court
- liberty
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31923 of 2018
Arising Out of PS. Case No.-1247 Year-2010 Thana- BUXAR COMPLAINT CASE District-
Buxar
======================================================
Premlawati Devi @ Prem Lata Kumari W/o Shiv Jee Rai R/o Vill. - Chuva
Rai Ke Dera, Rajapur, P.S. - Simri, Dist. - Buxar, D/o Shiv Madil Mishra, R/o
Vill - Darampur, P.S. - Phephna, Dist. - Baliya U.P.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Bidyavati Devi W/o Shiv Jee Rai R/o Vill - Chuva Rai Ke Dera, Rajapur,
P.S. - Simri, Dist. Buxar, At present D/o Chhatthu Thakur Vill, - Chotka
Diyan, P.S. - Krishnabrahm, Dist. - Buxar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Dr. Kamal Deo Sharma, Advocate
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
6 24-03-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. This petition has been filed for quashing the order
dated 10.03.2011 passed by learned Sub-Divisional Judicial
Magistrate, Buxar in Complaint Case No. 1247 of 2010, T.R.
No. 1589 of 2011.
3. After some arguments, learned counsel for the
petitioner submits that this case may be disposed of with liberty
to the petitioner to take all the objections in the Trial Court at
appropriate stage.
4. Learned A.P.P. for the State has no objection to this
Patna High Court CR. MISC. No.31923 of 2018(6) dt.24-03-2026
2/2
prayer of the petitioner.
5. In view of the submissions of learned counsels for
the parties, this case stands disposed of as with liberty to the
petitioner, as prayed for.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
Checking your session…