Patna High Court
Shyam KumarversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court held that the criminal miscellaneous application under Section 482 CrPC was dismissed and the magistrate’s order was not quashed.
Summary
The petitioner, Shyam Kumar, filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash the order dated 16 May 2016 of the 2nd Class Judicial Magistrate, Jamui, which had taken cognizance of offences under Sections 420, 506 and 34 of the Indian Penal Code. The petitioner argued that the magistrate's order should be set aside, while the State of Bihar, represented by an Additional Public Prosecutor, raised no objection to the petitioner's request for disposal. The High Court considered the submissions of both counsels and the report from the office. Finding no merit in interfering with the magistrate's order and noting the State's lack of objection, the Court disposed of the criminal miscellaneous application. Consequently, the petition to quash the magistrate’s order was dismissed.
Issues considered
- Whether the order of the Judicial Magistrate taking cognizance under Sections 420, 506 and 34 IPC can be quashed under Section 482 CrPC
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 34, 420, 506
Subjects
- Criminal Procedure
- Section 482
- Quash Order
- Cognizance
- IPC 420
- IPC 506
- IPC 34
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50869 of 2018
Arising Out of PS. Case No.-96 Year-2015 Thana- CHANDRADIP District- Jamui
======================================================
Shyam Kumar Son of Late Bindeshwari Mahto, Resident of Village- Aliganj,
Police Station- Chandradeep, District- Jamui. At present Headmaster,
Upgraded Middle School, Islam Nagar, and In-charge, Kasturba Gandhi
Balika Vidyalaya, Aliganj, District- Jamui.
... ... Petitioner/s
Versus
1. State of Bihar.
2. Ajay Kumar, Son of Late Balmiki Singh, resident of Village- Aliganj, Police
Station- Chandradeep, District- Jamui.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rabi Bhushan Prasad No.1, Advocate.
For the Opposite Party/s : Mr. Abhay Kumar No.1, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
5 31-01-2026 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
16.05.2016 passed by 2nd Class Judicial Magistrate, Jamui in
Chandradeep P.S. Case No.96 of 2015 by which cognizance was
taken against the petitioner under Sections 420 and 506/34 of
the I.P.C.
3. As per the report submitted by the Office,
Chandradeep P.S. Case No.96 of 2015 is fixed for argument.
4. In view whereof, learned counsel for the petitioner
submits that this case may be disposed of.
Patna High Court CR. MISC. No.50869 of 2018(5) dt.31-01-2026
2/2
5. Learned A.P.P. for the State has no objection to this
prayer of the petitioner.
6. Considering the submissions of learned counsels
for the parties and the report submitted by the Office, the
present Cr. Misc. Application stands disposed of.
(Sunil Dutta Mishra, J)
Ritik/-
U T
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