Patna High Court
Babin KumarversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court disposed of the application, granting the petitioner liberty to approach the trial court as prayed.
Summary
The petitioner filed a criminal miscellaneous application under Section 482 of the Code of Criminal Procedure seeking to quash an order dated 17 March 2017 passed by the learned Chief Judicial Magistrate, Jehanabad, in Complaint Case No. 318 of 2016. The petitioner requested that the matter be allowed to be taken up before the trial court with liberty to raise all points raised in the petition. The State and the second opposite party did not oppose the petitioner's prayer. The court noted the lack of objection and the procedural nature of the application. Consequently, the court disposed of the criminal miscellaneous application, granting the petitioner the liberty sought. No substantive merits of the underlying complaint were addressed in this order.
Issues considered
- Whether the criminal miscellaneous application under Section 482 Cr.P.C. for quashing the order of the CJM should be entertained
- Whether the petitioner should be granted liberty to raise points before the trial court
Legislation cited
- Criminal Procedure Code — s. 482
Subjects
- Criminal Procedure
- Section 482
- Quash Order
- Miscellaneous Application
- Trial Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38670 of 2017
Arising Out of PS. Case No.-318 Year-2016 Thana- JEHANABAD COMPLAINT CASE
District- Jehanabad
======================================================
Babin Kumar Son of Birendra Prasad, Resident of Village-Sherpur, Dih, P.S.-
Tharthari, Distt-Nalanda, at Present Nilam Mashirani, Store Ranchi Road,
Biharsharif Nalanda.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Niraj Kumar S/o Sri Radhe Raman Gupta, village-Saho Bigha, P.S.-Ghoshi,
Distt-Jehanabad.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raj Kishor Prasad, Advocate
For the State : Mr. Jagdhar Prasad, A.P.P.
For the O.P. No.2 : Mr. Ratnakar Jha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
6 09-07-2026 Heard learned counsel for the petitioner, 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
17.03.2017 passed by learned C.J.M., Jehanabad in Complaint
Case No. 318 of 2016.
3. After some argument, learned counsel for the
petitioner submits that this case may be disposed of with liberty
to the petitioner to take all the points as raised in the petition,
before the learned Trial Court at appropriate stage in accordance
Patna High Court CR. MISC. No.38670 of 2017(6) dt.09-07-2026
2/2
with law.
4. Learned APP for the State and learned counsel for
the opposite party no.2 have no objection to this prayer of the
petitioner.
5. In view of the above, the present Cr. Misc.
Application is disposed of with the liberty to the petitioner, as
prayed for.
(Sunil Dutta Mishra, J)
Utkarsh.k/-
U T
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