Patna High Court
Md. Abujar @ AbuzarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRAVEEN KUMAR
Holding
The High Court dismissed the petition for quash, holding that interference at the stage where charges are framed and evidence is being taken is not warranted.
Summary
The petitioners, a group of relatives, filed a petition in the Patna High Court seeking to quash an order dated 04‑03‑2024 passed by the Additional Chief Judicial Magistrate‑2nd, Purnea, in connection with a criminal case (Kasba PS Case No. 297 of 2023) involving offences under Sections 341, 323, 498A, 504, 506, 34 of the Indian Penal Code and Section 3 of the Dowry Prohibition Act. The petition argued that the order should be set aside, but the court noted that the trial in the lower court had progressed substantially – charges had been framed and evidence was being taken. Relying on the principle that higher courts should not interfere at such an advanced stage of a criminal trial, the High Court held that the quash petition was devoid of merit. Consequently, the application for quashing was dismissed. The decision underscores the High Court’s reluctance to intervene once the trial has moved beyond the preliminary stages.
Issues considered
- Whether the High Court can quash the order of the Additional Chief Judicial Magistrate when the trial in the lower court has progressed to the stage of framing charges and taking evidence
- Whether the petition for quash is maintainable at an advanced stage of the criminal proceedings
Legislation cited
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 323, 34, 341, 498A, 504, 506
Subjects
- criminal procedure
- quash petition
- jurisdiction
- Indian Penal Code
- Dowry Prohibition Act
- stage of trial
- higher court interference
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32275 of 2025
Arising Out of PS. Case No.-297 Year-2023 Thana- KASBA District- Purnia
======================================================
1. Md. Abujar @ Abuzar S/o Md. Jafar @ Abujafar, @ Abu Zafar R/o Village-
Kusana, PS- Kasba, Distt- Purnea
2. Md. Jafar @ Abujafar @ Abu Zafar S/o Late Ayub @ Manjoor @ Manzur
Alam R/o Village- Kusana, PS- Kasba, Distt- Purnea
3. Shnaj @ Bibi Sahnaz @ Sahnaz W/o Md. Jafar @ Abu Jafar @ Abuy Zafar
R/o Village- Kusana, PS- Kasba, Distt- Purnea
4. Abu Taliv @ Abu Talib S/o Md. Jafar @ Abu Jafar @ Abu Zafar R/o
Village- Kusana, PS- Kasba, Distt- Purnea
5. Nanhi @ Najvin @ Bibi Nazneen D/o Md. Jafar @ Abujafar , W/o Md.
Ansar R/o vill- Bochgaon, P.s.- Kasba, Distt.- Purnea
6. Abu Baka @ Abu Bakar Siddiuqe S/o Late Manjoor @ Late Md. Manzoo
Alam R/o vill - Majgawan, P.s- Kasba, Distt.- Purnea
... ... Petitioner/s
Versus
1. The State of Bihar
2. Rooksar Pravin W/o Md. Abujar, D/o Jamaluddin R/o vill - Kusaha, P.S.-
Kasba, Distt.- Purnea
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bijendra Kumar Singh, Advocate
For the Opposite Party/s : Mr. Mritunjay Kumar Gautam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 14-05-2026 Heard the parties.
2. The petitioners have approached this Court for
quashing, the order dated 04.03.2024 passed by learned
A.C.J.M.-2nd, Purnea in connection with Kasba P.S. Case No.
297 of 2023 registered for the offences punishable under
Sections 341, 323, 498A, 504, 506 and 34 of the I.P.C. and
Section ¾ of D.P. Act.
Patna High Court CR. MISC. No.32275 of 2025(2) dt.14-05-2026
2/2
3. Upon specific quarry from learned counsel for the
petitioners about the stage of the case in the Court below to
which learned counsel for the petitioners have fairly submitted
that by efflux of time, the stage in court below has considerably
changed, charges came to be framed and the evidences have also
started in this case.
4. In view of such, this Court is not inclined to
interfere in the matter at this stage, this quashing application is
devoid of merits and is accordingly dismissed.
shivam/-
(Praveen Kumar, J)
U T
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