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Patna High Court

Md. FaruqueversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The Court disposed of the criminal miscellaneous application, granting the petitioner liberty to raise all points before the trial court.

Summary

The petitioner, Md. Faruque, filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash an order dated 01.05.2015 passed by the Additional Chief Judicial Magistrate, Muzaffarpur, which had taken cognizance of offences under Sections 406 and 420 of the IPC and Section 138 of the Negotiable Instruments Act. The petitioner argued that the order should be set aside and that he should be allowed to raise all points raised in his petition before the trial court at the appropriate stage. The State, represented by an Additional Public Prosecutor, raised no objection to the petitioner's prayer. The High Court, after hearing counsel for both sides, disposed of the application, granting the petitioner liberty to present his arguments before the trial court. Consequently, the application was not dismissed but allowed to proceed with the liberty sought by the petitioner.

Issues considered

  • Whether the order of the Additional Chief Judicial Magistrate can be quashed under Section 482 of the Criminal Procedure Code.
  • Whether the petitioner should be granted liberty to raise all points before the trial court at the appropriate stage.

Legislation cited

Subjects

  • Criminal Procedure
  • Section 482
  • Quash Order
  • IPC 406
  • IPC 420
  • Negotiable Instruments Act 138
  • High Court
  • Petition

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.46261 of 2016
                 Arising Out of PS. Case No.-3069 Year-2014 Thana- MUZFFARPUR COMPLAINT CASE
                                                  District- Muzaffarpur
                 ======================================================
                 Md. Faruque S/o Md. Soyeb resident of Village- Ratanpura, P.S.- Bochan,
                 District- Muzaffarpur.

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar.
           2.    Prabhat Kumar Singh, Proprietor of Manorma Enterprises, S/o Late
                 Vishwanath Singh resident of Mohalla- Kalambagh, near Excise Godawn,
                 P.S.- Kaji Mohammadpur, District- Muzaffarpur.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :   Mr. Shashi Bhushan Singh, Advocate.
                 For the Opposite Party/s :   Mr. Ahmad Ali, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

6   30-06-2026                  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

                   01.05.2015 passed by learned Additional Chief Judicial

                   Magistrate, Muzaffarpur in connection with Trial No.96 of

                   2015, arising out of Complaint Case No.3069 of 2014 by which

                   cognizance under Section 406 & 420 of the I.P.C. & Section 138

                   of N.I. Act has been taken against the petitioner.

                                3. After some argument, 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,
              Patna High Court CR. MISC. No.46261 of 2016(6) dt.30-06-2026
                                                          2/2




                        before the learned Trial Court at appropriate stage in accordance

                        with law.

                                     4. Learned APP for the State has no objection to this

                        prayer of the petitioner.

                                     5. 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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