Patna High Court
Prabhat Ranjan and OrsversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court disposed of the application, granting the petitioners liberty to raise their points before the trial court.
Summary
The petitioners filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash an order dated 15 May 2018 passed by the Additional Sessions Judge, Gaya. They requested liberty to raise all points raised in their petition before the trial court at an appropriate stage. The State of Bihar raised no objection to this prayer. After hearing the parties, the High Court disposed of the application, granting the petitioners the liberty they sought. Consequently, the petitioners may now present their arguments before the trial court as requested.
Issues considered
- Whether the criminal miscellaneous application under Section 482 Cr.P.C. for quashing the order should be dismissed or allowed to proceed.
- Whether the petitioners should be granted liberty to raise the points before the trial court at an appropriate stage.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- Criminal Procedure
- Section 482
- Quash Order
- High Court
- Petitioner's Liberty
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34861 of 2018
Arising Out of PS. Case No.-342 Year-2016 Thana- WAJIRGANJ District- Gaya
======================================================
1. Prabhat Ranjan S/o Sri Laxman Prasad,
2. Sukriti Kumari @ Swikriti @ Sukriti, D/o Sri Laxman Prasad, null
3. Urmila Devi @ Urmila Prasad, W/o Sri Laxman Prasad,
4. Laxman Prasad, S/o Late Prakash Prasad, All are R/o Urmila Niwas, Dep
Nagar, Saraswati Vihar Road No.3, Gulzarbagh, P.S.- Mehandiganj, District-
Patna.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Neha Kumari, D/o Sadan Prasad, R/o VillageP.O.- Tarwan, P.S.- Wazirganj,
District- Gaya.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhirendra Kumar Sinha, Advocate.
For the State : Mr. Kumar Virendra Narayan, A.P.P.
For the O.P. No.2 : Mr. Durgesh Nandan, Advocate.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
4 26-03-2026 Heard learned counsel for the petitioners, learned
A.P.P. for the State and learned counsel for the opposite party
no.2.
2. The present Cr. Misc. Application has been filed
under Section 482 of Cr.P.C. for quashing the order dated
15.05.2018 passed by learned Additional Sessions Judge-IVth
Gaya in connection with S.Tr. No.122 of 2018/ 50 of 2018
arising out of Wazirganj P.S. Case No.342 of 2016.
3. After some argument, learned counsel for the
petitioners submits that this case may be disposed of with liberty
Patna High Court CR. MISC. No.34861 of 2018(4) dt.26-03-2026
2/2
to the petitioners to take all the points raised in the petition
before the learned Trial Court at appropriate stage.
4. Learned A.P.P. for the State has no objection to this
prayer of the petitioners.
5. Considering the submissions of learned counsels
for the parties, the present Cr. Misc. Application stands disposed
with liberty to the petitioners, as prayed for.
(Sunil Dutta Mishra, J)
Ritik/-
U T
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