Patna High Court
Yashin KhanversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court disposed of the criminal miscellaneous application, granting the petitioner liberty to raise his points before the trial court.
Summary
The petitioner, Yashin Khan, filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash a May 15, 2012 order of the Judicial Magistrate, Saharsa, which had taken cognizance of offences under Sections 323, 498(A) and 504 of the Indian Penal Code. The petitioner argued that the matter could be disposed of by allowing him to raise the points raised in his petition before the trial court at the appropriate stage. The State of Bihar raised no objection to the petitioner's request. The High Court, after hearing counsel, disposed of the application, granting the petitioner the liberty to present his points before the trial court as prayed for.
Issues considered
- Whether the order taking cognizance of offences under Sections 323, 498(A) and 504 IPC can be quashed under Section 482 CrPC.
- Whether the petitioner should be permitted to raise the points raised in his petition before the trial court.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 323, 498A, 504
Subjects
- Section 482 CrPC
- quash order
- cognizance
- IPC 323
- IPC 498A
- IPC 504
- criminal miscellaneous application
- liberty to raise points
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39270 of 2018
Arising Out of PS. Case No.-1667 Year-2017 Thana- SAHARSA COMPLAINT CASE
District- Saharsa
======================================================
Yashin Khan S/o Late Kashim Khan, R/o Vill.- Belatand, Mauza- Jaisidih,
P.O.- Dhamni, P.S.- Jaisidih, District- Deoghar Jharkhand. At present residing
at Vill. and Post Madhu Sudanpur, Via- Kajrigram, P.S.- Andal, District-
Bardhwan West Bengal.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Khurseedi Praveen @ Munni D/o Late Sah Alam @ W/o Yashin Khan, R/o
Vill.- Velatian, Mauza, Jaisidih, P.O.- Dhamni, P.S.- Jaisidih, Disrict-
Deoghar Jharkhand. At present residing at Vill.- Kharkha Telwa, P.S.-
Nauhatta, District- Saharsa Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bishwajeet Kumar, Advocate.
For the State : Mr. Jharkhandi Upadhyay, A.P.P.
For the O.P. No.2 : Mr. Harun Quareshi, Advocate.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
11 23-04-2026 Heard learned counsel for the petitioner 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
15.05.2012 passed by learned J.M., Saharsa in connection with
Complaint Case No.1667 of 2011 by which cognizance under
Sections 323, 498(A) and 504 of the I.P.C. has been taken
against the petitioner.
3. Learned counsel for the petitioner submits that this
case may be disposed of with liberty to the petitioner to take all
Patna High Court CR. MISC. No.39270 of 2018(11) dt.23-04-2026
2/2
the points as raised in the petition, before the learned Trial Court
at appropriate stage.
4. Learned APP for the State has 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)
Ritik/-
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