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Patna High Court

PRADEEP KUMAR SINGH @ PRADEEP KUMARversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The High Court set aside the impugned order dated 22.02.2021 and allowed the petitioner to file a discharge application in the lower court.

Summary

The petitioner Pradeep Kumar Singh filed an amendment to his quashing application seeking to set aside an order dated 22 February 2021 passed by the Sessions Judge, Supaul. The High Court allowed the amendment, directing that the impugned order be set aside and granting the petitioner liberty to file a discharge application in the lower court. The Court noted that the petitioner was unable to file the discharge application earlier because the amendment application was pending. It emphasized that the petitioner should now file the discharge application so that the lower court can consider all material and pass a reasoned order, referring to the Supreme Court’s decision in Kanchan Kumar v. State of Bihar. Consequently, the order of the Sessions Judge was vacated, and the petitioner was instructed to proceed with the discharge application.

Issues considered

  • What is the appropriate remedy when a petitioner is unable to file a discharge application due to pending proceedings in a higher court?
  • Whether the High Court can set aside the Sessions Judge’s order and grant liberty to file a discharge application.

Subjects

  • quashing application
  • discharge application
  • criminal procedure
  • amendment
  • High Court order
  • Sessions Judge
  • Supreme Court precedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34183 of 2021
                      Arising Out of PS. Case No.-48 Year-2020 Thana- BHAPTIAHI District- Supaul
                 ======================================================
                 PRADEEP KUMAR SINGH @ PRADEEP KUMAR S/O CHANDESHWAR
                 SINGH Resident of- Ward No. 4 Sadanandpur, P.S.- Bhaptiahi, District-
                 Supaul

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ajay Thakur
                                                  Mr. Vaishnavi Singh
                                                  Mr. Shivam
                 For the Opposite Party/s :       Mr. A.G.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   02-02-2026                                Re:- I.A. No. 1 of 2023.

                                 This application has been filed for amendment in the

                   paragraph 1 of the quashing application.

                                  2. For the reasons mentioned in the interlocutory

                   application, the same is allowed and now the prayer portion of

                   the quashing application will read as under:-

                                                 “This application has been filed on behalf
                                    of the petitioner for quashing the order dated
                                    15.12.2020 passed by the learned Chief Judicial
                                    Magistrate, Supaul in Bhaptiyahi P.S. Case No. 48 of
                                    2020 (S.T. No. 25 of 2021) as well as for quashing the
                                    order dated 22.02.2021 passed by the learned Sessions
                                    Judge, Supaul.”
                                        Re:- Cr. Misc. No. 34183 of 2021.
          Patna High Court CR. MISC. No.34183 of 2021(4) dt.02-02-2026
                                                      2/2




                                 3. Heard the parties.

                                 4. During pendency of this case, charges have been

                    framed against the petitioner by the learned Sessions Judge,

                    Supaul and learned counsel for the petitioner submits that the

                    petitioner could not get a chance to file a discharge application

                    in the Court below as the present application was pending in this

                    Court.

                                 5. In these circumstances, this Court is of the view

                    that the petitioner ought to have filed a discharge application so

                    that the entire materials could have been considered by the

                    Court below.

                                 6. In view of the above, this application is allowed

                    and accordingly, the impugned order dated 22.2.2021 is hereby

                    set aside with liberty to the petitioner to file a discharge

                    application in the Court below. If the petitioner files such an

                    application then the Court below will consider the application of

                    the petitioner and will pass a reasoned order in light of the

                    judgment of the Hon’ble Supreme Court in the case of Kanchan

                    Kumar Vs. State of Bihar reported in (2022) 9 SCC 577.


                                                             (Sandeep Kumar, J)
Vikas/-

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