Patna High Court
Faiyaz Hassan and OrsversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The application under Section 482 CrPC is disposed, granting the petitioners liberty to raise the points before the trial court at the appropriate stage.
Summary
The petitioners filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash an order dated 17 March 2018 of the Additional Chief Judicial Magistrate‑8, Darbhanga, which had taken cognizance of offences under Sections 364, 365, 211 and 120(B) of the Indian Penal Code. They requested that the matter be allowed to proceed in the trial court with liberty to raise the points raised in their earlier petition. The State of Bihar raised no objection to the prayer. After hearing both sides, the Patna High Court disposed of the application, granting the petitioners the liberty they sought. No substantive examination of the merits of the underlying criminal charges was undertaken; the court merely entertained the procedural request.
Issues considered
- Whether the order of the Additional Chief Judicial Magistrate taking cognizance of offences under Sections 364, 365, 211 and 120(B) IPC can be quashed under Section 482 CrPC
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 120(B), 211, 364, 365
Subjects
- Criminal Procedure
- Section 482
- Quash Order
- Indian Penal Code
- Procedural Liberty
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35249 of 2018
Arising Out of PS. Case No.-44 Year-2016 Thana- MORO District- Darbhanga
======================================================
1. Faiyaz Hassan son of Israyal Hassan.
2. Zami @ Md. Zami, son of Israyal Hassan.
3. Ahsan Raza @ Ahmad Raza son of Late Abdul Wahid.
4. Jugnu son of Atta Ahmad.
5. Chunnu son of Atta Ahmad. All are resident of Village- Ratanpura, Police
Station- Moro, District- Darbhanga.
6. Md. Chand Miyan, son of Raja Hassan, resident of Village- Tharma, Police
Station- Benibad, District- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Girish Chandra Jha, Advocate.
For the Opposite Party/s : Mr. Mithilesh Kumar Khare, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 17-03-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The present Cr. Misc. Application has been filed
under Section 482 of Cr.P.C. for quashing the order dated
17.03.2018 passed by learned Additional Chief Judicial
Magistrate-8, Darbhanga in connection with Maro P.S. Case
No.44 of 2016 by which cognizance was taken against the
petitioners under Sections 364, 365, 211 & 120(B) of the I.P.C.
3. Learned counsel for the petitioner submits that this
case may be disposed of with liberty to the petitioners to take all
Patna High Court CR. MISC. No.35249 of 2018(3) dt.17-03-2026
2/2
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 petitioner.
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
Checking your session…