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Patna High Court

RANJAN KUMAR MISHRAversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court did not set aside the earlier order but directed the lower court to dispose of the pending discharge application within one month.

Summary

The petitioner, Ranjan Kumar Mishra, filed an application before the Patna High Court seeking to set aside an order dated 06.01.2021 passed by the Additional Chief Judicial Magistrate‑3, Patna, which had taken cognizance of offences under Sections 341, 323, 379, 504 and 506/34 of the IPC against him. The petitioner argued that a discharge application pending before the lower court should be decided before any further orders are made. The Court, noting the urgency raised by the petitioner’s counsel, declined to set aside the earlier order but directed the lower court to dispose of the pending discharge application within one month of receiving a copy of the High Court’s order, after hearing both parties. The petitioner was also permitted to approach the High Court again if aggrieved by the lower court’s decision. The application was therefore disposed with a specific direction to the subordinate court.

Issues considered

  • Whether the High Court should set aside the order dated 06.01.2021 taking cognizance of offences under Sections 341, 323, 379, 504 and 506/34 IPC.
  • Whether the pending discharge application in the lower court must be decided before any further proceedings.

Legislation cited

Subjects

  • Criminal Procedure
  • Discharge Application
  • Urgent Application
  • High Court Direction
  • IPC Sections

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42180 of 2021
                      Arising Out of PS. Case No.-431 Year-2019 Thana- RAJIVNAGAR District- Patna
                 ======================================================
                 Ranjan Kumar Mishra S/O Devendra Nath Mishra R/O- Shamsher Nagar, P.S.
                 - Daudnagar, District - Aurangabad, Also At Maidatoli, Bibiganj, P.S. -
                 Danapur, District - Patna (Bihar).

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Braj Bhushan Mishra @ Jawahar Mishra S/o Late Baidnath Mishra R/o-
                 Shamsher Nagar, P.S. - Daudnagar, District - Aurangabad, also at
                 GandhiNagar, P.S. Rajiv Nagar, District - Patna Bihar.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sumit Shekhar Pandey, Advocate
                                                  Mr. Ravi Kumar Mishra, Advocate
                 For the Opposite Party/s :       Mr. Jharkhandi Upadhyay, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   22-01-2026                   Seeing the urgency of the matter and the urgent

                   mentioning of the learned counsel for the petitioner, this case

                   has been notified today i.e., on 22.01.2026 for 11:30AM and is

                   being heard out of turn.

                                 2. Heard the learned counsel for the petitioner and the

                   learned APP for the State.

                                 3. This application has been filed for setting aside the

                   order dated 06.01.2021 passed in Rajiv Nagar P.S. Case No. 431

                   of 2019 by the learned A.C.J.M.-3, Patna by which the Court

                   below took cognizance under Sections 341, 323, 379, 504,

                   506/34 of the IPC against the petitioner.
            Patna High Court CR. MISC. No.42180 of 2021(3) dt.22-01-2026
                                                        2/2




                                   4. The learned counsel for the petitioner, at the very

                      outset, submits that the discharge application of the accused is

                      pending in the Court below.

                                   5. In these circumstances, this application is disposed

                      of with a direction to the concerned Court below to dispose of

                      the discharge application in accordance with law within one

                      month from the date of receipt/communication of a copy of this

                      order, after hearing the parties.

                                   6. However, the petitioner is granted liberty to

                      approach this Court if he is aggrieved by the order passed by the

                      Court below.



                                                              (Sandeep Kumar, J)
Shishir/-

U       T


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