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Patna High Court

Prabhawati DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court disposed of the criminal miscellaneous applications, granting the petitioners liberty to raise their points before the trial court, without quashing the magistrate’s order.

Summary

The petitioners, comprising members of the Singh family, filed criminal miscellaneous applications under Section 482 of the Criminal Procedure Code seeking to quash an order dated 03‑06‑2017 passed by the Sub‑Divisional Judicial Magistrate, Saran, which had taken cognizance of offences under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. The petitioners argued that the magistrate’s order was improper and that they should be allowed to raise all points raised in their petitions before the trial court at the appropriate stage. The State, represented by an Additional Public Prosecutor, raised no objection to the petitioners’ request for liberty to present their case before the trial court. The Court examined whether the High Court’s inherent powers under Section 482 could be invoked to set aside the magistrate’s order and concluded that there was no merit in quashing the order at this stage. Consequently, the Court disposed of the criminal miscellaneous applications, granting the petitioners liberty to take up all the points before the trial court in accordance with law. The order was pronounced by Justice Sunil Dutta Mishra on 5 May 2026.

Issues considered

  • Whether the order of the Sub‑Divisional Judicial Magistrate taking cognizance under Section 498A IPC and Section 4 DP Act can be quashed under Section 482 CrPC.
  • Whether the petitioners should be permitted to raise all points raised in their petitions before the trial court.

Legislation cited

Subjects

  • Criminal law
  • Section 498A IPC
  • Dowry Prohibition Act
  • Section 482 CrPC
  • Quash order
  • High Court
  • Criminal miscellaneous application

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                CRIMINAL MISCELLANEOUS No.35349 of 2018
      Arising Out of PS. Case No.-40 Year-2017 Thana- SARAN COMPLAINT CASE District-
                                              Saran
     ======================================================
1.    Prabhawati Devi Wife of Srinath Singh Resident of village- Maksudpur, Po-
      Basantpur Bangla, Ps- Amnour, Dist- Saran, Presently Residing at Naya
      Basti Kadru, Po- Doranda, ps- Argora, Dist- Ranchi
2.   Brajesh Singh son of Srinath Singh Resident of village- Maksudpur, Po-
     Basantpur Bangla, Ps- Amnour, Dist- Saran, Presently Residing at Naya
     Basti Kadru, Po- Doranda, ps- Argora, Dist- Ranchi
3.   kavita Devi @ Kawita Singh Wife of Brajesh Singh Resident of village-
     Maksudpur, Po- Basantpur Bangla, Ps- Amnour, Dist- Saran, Presently
     Residing at Naya Basti Kadru, Po- Doranda, ps- Argora, Dist- Ranchi

                                                                   ... ... Petitioner/s
                                         Versus
1.   The State of Bihar.
2.   Nicky Singh W/o- Vikash Kumar Singh D/o- Dinesh Singh Resident of
     Village- Maksudpur, P.O.- Basantpur Bangla, P.S.- Amnour, District- Saran,
     Presently Residing at- Naya Basti Kadru, P.O.- Doranda, P.S.- Argora,
     District- Ranchi, at present resident of Village- Vikrampur, P.O.- Karnpura,
     P.S.- Maraurah, District- Saran.

                                            ... ... Opposite Party/s
     ======================================================
                                           with
                CRIMINAL MISCELLANEOUS No. 36061 of 2018
      Arising Out of PS. Case No.-40 Year-2017 Thana- SARAN COMPLAINT CASE District-
                                              Saran
     ======================================================
     Vikash Kumar Singh S/o Sri Nath Singh, R/o- Vill.- Maksudpur, P.O.-
     Basantpur Bangla, P.S. Amnour, Distt.- Saran, presently Residing at Naya
     Basti Kadru, P.O.- Doranda, P.S.- Argora, Distt.- Ranchi.

                                                                   ... ... Petitioner/s
                                         Versus

1.   The State of Bihar.
2.   Nicky Singh, W/o Vikash Kumar Singh D/o- Dinesh Singh, R/o Vill.-
     Maksudpur, P.O.- Basantpur Bangla, P.S.- Amnour, Distt.- Saran, Presently
     Residing at Present residing at Vill.- Vikrampur, P.O.- Karnpura, P.S.-
     Maraurah, Distt.- Saran.

                                            ... ... Opposite Party/s
     ======================================================
         Patna High Court CR. MISC. No.35349 of 2018(7) dt.05-05-2026
                                                     2/3




                 Appearance :
                 (In CRIMINAL MISCELLANEOUS No. 35349 of 2018)
                 For the Petitioner/s     : Mr. Chandra Shekhar Singh, Advocate.
                                            Ms. Megha Singh, Advocate.
                 For the Opposite Party/s : Mr. Asharaf Ansari, A.P.P.
                 (In CRIMINAL MISCELLANEOUS No. 36061 of 2018)
                 For the Petitioner/s     : Mr. Chandra Shekhar Singh, Advocate.
                                            Ms. Megha Singh, Advocate.
                 For the Opposite Party/s : Mr. Asharaf Ansari, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

7   05-05-2026                  Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. These Cr. Misc. Applications have been filed under

                   Section 482 of Cr.P.C. for quashing the order dated 03.06.2017

                   passed by learned Sub-Divisional Judicial Magistrate, Saran in

                   connection with Complaint Case No.40(C) of 2017, Enquiry

                   No.468 of 2017 arising out of Madhubani Town P.S. Case No.29

                   of 2014 by which cognizance under Section 498A of the I.P.C.

                   and Section 4 of the D.P. has been taken against the petitioners.

                                3. After some argument, learned counsel for the

                   petitioners submits that these cases may be disposed of with

                   liberty to the petitioners to take all the points as raised in the

                   petitions, before the learned Trial Court at appropriate stage in

                   accordance with law.

                                4. Learned APP for the State has no objection to this

                   prayer of the petitioners.

                                5. In view of the above, these Cr. Misc. Applications
              Patna High Court CR. MISC. No.35349 of 2018(7) dt.05-05-2026
                                                          3/3




                        are disposed of with the liberty to the petitioners, as prayed for.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T


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