Patna High Court
Dr. Parwez AkhtarversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The High Court disposed of the criminal miscellaneous application, granting the petitioner liberty to raise his points before the trial court.
Summary
The petitioner, Dr. Parwez Akhtar, filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash the FIR and all proceedings arising from a case registered under multiple sections of the Indian Penal Code. The trial court had taken cognizance and issued a bailable warrant against the accused. The petitioner argued that the matter could be disposed of by allowing him to raise all points before the trial court at the appropriate stage. The State had no objection to this prayer. The High Court, after hearing counsel, disposed of the application, granting the petitioner liberty to present his arguments before the trial court as sought. Consequently, the proceedings were not quashed, but the petitioner's request for procedural liberty was approved.
Issues considered
- Whether the High Court can quash the FIR and the entire proceeding under Section 482 CrPC.
- Whether the petitioner should be permitted to raise all points before the trial court at the appropriate stage.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 120-B, 278, 284, 285, 287, 290, 34, 420, 467, 468
Subjects
- Criminal Procedure
- Section 482
- Quash of FIR
- Bailable warrant
- Trial court proceedings
- Petitioner's liberty
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43444 of 2018
Arising Out of PS. Case No.-5 Year-2018 Thana- BELA INDUSTRIAL District- Muzaffarpur
======================================================
Dr. Parwez Akhtar Son of Sri Noorul Hoda, Resident of Mohalla- Juran
Chhapra, Mahesh Babu Chowk, P.O.- M.I.T., P.S.- Brahampura, District-
Muzaffarpur- 842003.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anshuman Singh, Advocate.
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary No.1, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
6 27-04-2026 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 entire proceeding,
if taken any, including the F.I.R. bearing Bela P.S. Case No.05
of 2018 registered under Sections 278, 284, 285, 287, 290, 420,
467, 468, 120-B/34 of the I.P.C.
3. Vide order dated 26.03.2026, a report regarding
present status of case was called for and the same was sent vide
Letter No.818 dated 04.04.2026 by the learned Trial Court. As per
the said report of the learned Trial Court, it is stated that after
cognizance, bailable warrant has been issued against the absent
accused.
Patna High Court CR. MISC. No.43444 of 2018(6) dt.27-04-2026
2/2
4. Learned counsel for the petitioner submits that this
case may be disposed of with liberty to the petitioner to take all
the points as raised in the petition, before the learned Trial Court
at appropriate stage in accordance with law.
5. Learned APP for the State has no objection to this
prayer of the petitioner.
6. 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/-
U T
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