Patna High Court
Jawed AkhtarversusState Of Bihar and Anr
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The order dated 18 May 2013 passed by the Sub‑Divisional Judicial Magistrate is quashed.
Summary
The petitioner Jawed Akhtar filed an application seeking to quash two orders dated 18 May 2013 and 29 March 2016 issued by the Sub‑Divisional Judicial Magistrate, West Champaran, in Complaint Case No. 2503 of 2007. It was contended that the order of 18 May 2013 was passed while a stay order from this Court was still in force, rendering the magistrate's action impermissible. The Court examined the procedural impropriety of issuing a substantive order during the pendency of a higher court's stay. Finding that the magistrate had indeed acted contrary to the stay, the Court quashed the 18 May 2013 order. The Court directed the lower court to continue the proceedings in accordance with law and vacated any interim order that may have been in effect. The order was communicated to the Principal District and Sessions Judge for compliance.
Issues considered
- Whether the order dated 18 May 2013 passed by the Sub‑Divisional Judicial Magistrate is liable to be quashed for being passed during the pendency of a stay order of this Court.
Subjects
- quash order
- stay order
- procedural impropriety
- criminal miscellaneous
- magistrate jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39540 of 2016
Arising Out of PS. Case No.-2503 Year-2007 Thana- WEST CHAMPARAN COMPLAINT
District- West Champaran
======================================================
Jawed Akhtar Son fo Late Sheikh Quahir Resident of Village- Bansbariya,
Police Station- Lauriya in the sidtrict of West Champaran. At present residing
at Quarter No. B-47, Fatima Residency, Gorwa in the District of Vadodara
Gujarat.
... ... Petitioner/s
Versus
1. State Of Bihar and Anr
2. Hena Parween Daughter of Tauqir Ahmad Resident of Village- Bansbariya,
Police Station - Lauriya in the district of West Champaran at Bettiah.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : None
For the Opposite Party/s : Mr.Sri Anant Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
7 08-01-2026 None appears for the petitioner. Learned counsel for
the State and learned counsel for the opposite party no. 02 are
present.
2. This application has been filed for quashing the
order dated 18.05.2013 and the order dated 29.03.2016 passed
by the learned Sub-Divisional Judicial Magistrate, West
Champaran at Bettiah in Complaint Case No. 2503 (c) of 2007 /
Tr. No. 348 of 2008.
3. It has very fairly been submitted by the learned
counsel for the opposite party no. 02 that order dated
18.05.2013 was passed during pendency of the stay order of this
Patna High Court CR. MISC. No.39540 of 2016(7) dt.08-01-2026
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Court which should not have been done.
4. In view of the above, the order dated 18.05.2013
passed by the learned Sub-Divisional Judicial Magistrate, West
Champaran at Bettiah in Complaint Case No. 2503 (c) of 2007 /
Tr. No. 348 of 2008 is hereby quashed.
5. The Court below is directed to proceed with the
case in accordance with law and the interim order, if any, is
hereby vacated.
6. Let a copy of this order be communicated to the
Principal District and Sessions Judge, West Champaran at
Bettiah for its compliance.
(Sandeep Kumar, J)
Vikas/-
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