Patna High Court
Dr. ShipikaversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition is disposed of, with liberty granted to the petitioner to raise all objections before the trial court.
Summary
The petitioner, Dr. Shipika, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash the order dated 05‑01‑2018 of the Chief Judicial Magistrate, Purnea, which had taken cognizance of an offence under Section 304A of the Indian Penal Code. The petitioner argued that the trial was already underway and requested that the petition be disposed of, allowing her to raise any objections at the appropriate stage before the trial court. The State of Bihar, represented by an Additional Public Prosecutor, raised no objection to the petitioner's prayer. The High Court considered whether it could entertain the petition under Section 482 and whether it could dispose of the petition while preserving the petitioner’s right to raise objections later. Finding no impediment, the Court disposed of the petition, granting the petitioner liberty to raise all objections before the trial court. The order effectively allowed the criminal proceedings to continue without interference from the petition.
Issues considered
- Whether a petition under Section 482 Cr.P.C. can be entertained to quash the order taking cognizance of an offence under Section 304A IPC.
- Whether the High Court may dispose of such a petition while granting the petitioner liberty to raise objections before the trial court.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 304A
Subjects
- Criminal Procedure
- Section 482
- Quash Order
- Section 304A
- Cognizance
- High Court
- Petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47344 of 2018
Arising Out of PS. Case No.-693 Year-2017 Thana- KHAJANCHI HAT District- Purnia
======================================================
Dr. Shipika Wife of Prince Pankaj R/o Prabhat Colony, PS K Hat. District
Purnea.
... ... Petitioner/s
Versus
1. State Of Bihar
2. Kajal Kumar Singh Son of Satyendra Narayan Singh Paikpar, PS
-Bhargama, District Araria.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saket Tiwary, Advocate
For the Opposite Party/s : Mr. Zainul Abedin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 24-03-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The present petition has been filed under Section
482 Cr.P.C. for quashing the order dated 05.01.2018 passed by
the learned Chief Judicial Magistrate, Purnea in K. Hat P.S.
Case No. 693 of 2017 by which cognizance was taken against
the petitioner for the offence under Section 304A of the I.P.C.
3. Learned counsel for the petitioner submits that
since the evidence has already started in this case, this case may
be disposed of with liberty to the petitioner to raise all the
objections before the Trial Court at the appropriate stage.
4. Learned A.P.P. for the State has no objection to this
Patna High Court CR. MISC. No.47344 of 2018(3) dt.24-03-2026
2/2
prayer of the petitioner.
5. Accordingly, the present case is disposed of with
liberty to the petitioner, as prayed for.
(Sunil Dutta Mishra, J)
rakhi/-
U T
Checking your session…