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Patna High Court

Ram Sukhit Prasad Singh @ Ram Sukhit Singh and AnrversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The High Court declined to quash the S.D.J.M.’s order and granted the petitioners liberty to approach the trial court with their points.

Summary

The petitioners filed a criminal miscellaneous application seeking to quash an order dated 13 May 2018 passed by the Sub‑Divisional Judicial Magistrate in a case involving offences under Sections 341, 323, 498(A), 307, 504, 34, 3 and 4 of the Dowry Prohibition Act. They argued that the order should be set aside and that they should be allowed to raise all points before the trial court at the appropriate stage. The State of Bihar, represented by an Additional Public Prosecutor, raised no objection to the petitioners' request for liberty to approach the trial court. The High Court, after considering the submissions, declined to quash the magistrate’s order and instead granted the petitioners liberty to present their arguments before the trial court, directing that the trial court records be sent back forthwith. The application was therefore disposed of with liberty to the petitioners.

Issues considered

  • What is the appropriate remedy for a party seeking to challenge an order of the Sub‑Divisional Judicial Magistrate in a criminal case?
  • Whether the High Court should quash the S.D.J.M.’s order or merely allow the petitioners to raise their points before the trial court.

Legislation cited

Subjects

  • criminal procedure
  • quash order
  • dowry prohibition
  • miscellaneous application
  • trial court liberty

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40526 of 2018
                 Arising Out of PS. Case No.-183 Year-2012 Thana- KHODAWANDPUR District- Begusarai
                 ======================================================
           1.     Ram Sukhit Prasad Singh @ Ram Sukhit Singh and Anr Son of Late
                  Mahavir Prasad Singh.
           2.    Ram Kumari Devi, W/o Ram Sukhit Singh. Both resident of Village-
                 Meghaul, P.S. Khodawandpur, District- Begusarai.

                                                                                ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar.
           2.    Sangita Kumari D/o Balbhadra Prasad Singh, resident of Village- Pahsara,
                 P.S. Naokothi, District- Begusarai.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Bishwa Nath Chaudhary, Advocate
                 For the Opposite Party/s :      Mr. Chandrasen Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

9   30-06-2026                  Heard learned counsel for the petitioners, learned

                   A.P.P. for the State.

                                2. The present Cr. Misc. Application has been filed for

                   quashing the order dated 13.05.2018 passed by the learned

                   S.D.J.M., Manjhaul, Begusarai in connection with G.R. No.

                   3702 of 2012 arising out of Khodawandpur P.S. Case No.183 of

                   2012, whereby and whereunder congizance has been taken

                   under Sections 341, 323, 498(A), 307, 504, 34, 3 & 4 of the

                   Dowry Prohibition Act.

                                3. Learned counsel for the petitioners submits that the

                   present application may be disposed of with liberty to the
           Patna High Court CR. MISC. No.40526 of 2018(9) dt.30-06-2026
                                                       2/2




                     petitioners to take all the points, as raised in this petition, before

                     the learned Trial Court at appropriate stage in accordance with

                     law.

                                  4. Learned A.P.P. for the State has no objection to this

                     prayer of the petitioners.

                                  5. Considering the submissions of learned counsel for

                     the parties, this case stands disposed of with liberty to the

                     petitioners, as prayed for.

                                  6. Let the Trial Court records be sent back to the

                     Court concerned forthwith.



                                             (Sunil Dutta Mishra, J)
utkarsh/koustav

U      T


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