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Patna High Court

Jibachha Ray @ Jiwash RayversusThe State Of Bihar

Decided
Disposal
DISPOSED

Holding

The petition is disposed of, with liberty granted to the petitioner to raise objections before the trial court.

Summary

The petitioner, Jibachha Ray, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an order dated 12 February 2018 passed by the Chief Judicial Magistrate of Muzaffarpur, which had taken cognizance of offences under Sections 406 and 420 of the Indian Penal Code and Section 138 of the Negotiable Instruments Act. The petitioner argued that the trial had already commenced and requested that the case be disposed of, allowing him to raise all objections before the trial court at the appropriate stage. The State of Bihar, through its Additional Public Prosecutor, raised no objection to the petitioner's prayer. The Court considered whether it could entertain a Section 482 petition at this stage and whether it could grant the limited relief sought. Finding no impediment, the Court disposed of the petition, granting the petitioner liberty to raise any objections before the trial court. The order effectively allowed the proceedings to continue in the trial court while the petition was dismissed.

Issues considered

  • Whether a petition under Section 482 Cr.P.C. for quashing the magistrate's order taking cognizance of offences is maintainable at this stage of the proceedings.
  • Whether the High Court can dispose of the petition with liberty to the petitioner to raise objections before the trial court.

Legislation cited

Subjects

  • Criminal Procedure
  • Section 482
  • Quash Order
  • Cognizance
  • Petition
  • Liberty to Raise Objections

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.47680 of 2018
                    Arising Out of PS. Case No.-329 Year-2017 Thana- AHIYAPUR District- Muzaffarpur
                 ======================================================
                 Jibachha Ray @ Jiwash Ray S/o Nokhelal Ray, R/o Vill.- Jahagirpur Jhapaha,
                 P.S.- Ahiyapur, District- Muzaffarpur.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State Of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shamir Mehra, Advocate
                                                  Mr. Anil Kumar, Advocate
                 For the Opposite Party/s :       Mr. Ajay Kumar Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

6   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 12.02.2018 passed by

                   the learned Chief Judicial Magistrate, Muzaffarpur in Ahiyapur

                   P.S. Case No. 329 of 2017 by which cognizance was taken

                   against the petitioner for the offences under Sections 406, 420

                   of the I.P.C. and Section 138 of the N.I. Act.

                                 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

                   prayer of the petitioner.
              Patna High Court CR. MISC. No.47680 of 2018(6) dt.24-03-2026
                                                          2/2




                                     5. Accordingly, the present case is disposed of with

                        liberty to the petitioner, as prayed for.



                                                (Sunil Dutta Mishra, J)
rakhi/-

U         T


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