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Patna High Court

Mahadeo Das @ Mahadeo PrasadversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The application under Section 482 is disposed of, granting the petitioner liberty to raise issues and directing the trial court to expedite the trial.

Summary

The petitioner Mahadeo Das filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash an order dated 02‑02‑2018 passed by the Sub‑Divisional Judicial Magistrate, Masaurhi. The trial court report indicated that the prosecution failed to produce evidence despite multiple opportunities. The petitioner argued that the case should be disposed of, allowing him to raise all issues before the trial court at the appropriate stage. The State’s Additional Public Prosecutor raised no objection to the petitioner's prayer. The High Court, after hearing both sides, disposed of the application, granting the petitioner liberty to raise issues and directing the trial court to expedite the disposal of the trial. Consequently, the pending criminal proceeding is to continue with an emphasis on speedy resolution.

Issues considered

  • Whether the order of the Sub‑Divisional Judicial Magistrate dated 02‑02‑2018 can be quashed under Section 482 of the Criminal Procedure Code.
  • Whether the lack of prosecutorial evidence justifies dismissal of the proceeding.
  • Whether the petitioner should be granted liberty to raise all issues before the trial court and the trial be expedited.

Legislation cited

Subjects

  • Criminal Procedure
  • Section 482
  • Quash Order
  • Trial Court
  • Evidence
  • Expedited Disposal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42146 of 2018
                          Arising Out of PS. Case No.-25 Year-2015 Thana- PIPRA District- Patna
                 ======================================================
                 Mahadeo Das @ Mahadeo Prasad Son of Jatai Das Resident of Village -
                 Shahwajpur, P.S. - Pipra, District - Patna.

                                                                                     ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar.
           2.    Rakteshwar Ravidas Son of late Guru Bhajan Ravidas Resident of Village -
                 Shapur, P.S. - Parsa Bazar, District - Patna.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Arun Kumar No. 1, Advocate
                 For the Opposite Party/s :        Mr. Shantanu Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

6   06-07-2026                  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

                   02.02.2018 passed by learned S.D.J.M., Masaurhi, Patna in

                   Pipra P.S. Case No.25 of 2015 bearing G.R. No. 864 of 2015.

                                3. As per the report received from the learned Trial

                   Court dated 12.02.2026., it appears that the prosecution has not

                   been able to produce evidence despite giving several

                   opportunities.

                                4. Learned counsel for the petitioner submits that this

                   case may be disposed of with the liberty to the petitioner to raise
              Patna High Court CR. MISC. No.42146 of 2018(6) dt.06-07-2026
                                                          2/2




                        all the issues in this petition before the learned Trial Court at the

                        appropriate stage in accordance with law.

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

                        prayer of the petitioner.

                                     6. Considering the submissions of learned counsel for

                        the parties, the present Cr. Misc. Application stands disposed of

                        with the liberty to the petitioner, as prayed for.

                                     7. The learned Trial Court is directed to expedite the

                        disposal of the trial.



                                                (Sunil Dutta Mishra, J)
Utkarsh.k/-

U      T


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