Patna High Court
Yugal Kishore SinghversusState Of Bihar and Anr
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The application for quashing the Session Judge’s order was dismissed.
Summary
The petitioner, Yugal Kishore Singh, filed an application under Section 482 of the CrPC seeking to quash the order dated 24 July 2015 passed by the learned Session Judge, Saran, which had allowed a criminal revision filed by the second opposite party and set aside the earlier orders of the Judicial Magistrate dated 5 and 6 July 2015. The petitioner contended that the trial court had proceeded with the main case despite a stay order issued by this High Court. The learned counsel for the respondent opposed the application, arguing that the revision order was a lawful exercise of jurisdiction. The Court examined whether the Session Judge’s order could be set aside in view of the alleged breach of the stay. Finding no merit in the petitioner's claim and noting that the appropriate remedy lay in filing a fresh application, the Court dismissed the application for quash. The Court granted the petitioner liberty to file an appropriate application if required.
Issues considered
- Whether the order passed by the Session Judge allowing the criminal revision can be quashed on the ground that the main case was proceeded with despite a stay order of this Court.
Subjects
- criminal revision
- quash of order
- stay order
- high court procedure
- Section 482 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54447 of 2015
Arising Out of PS. Case No.-204 Year-2011 Thana- MADHAURAH District- Saran
======================================================
Yugal Kishore Singh son of Late Sheoji Singh, resident of village Narharpur
P.S. Marhaurha District Saran at Chapra.
... ... Petitioner/s
Versus
1. State Of Bihar
2. Bijendra Kumar Singh son of Sri Uday Narayan Singh, resident of village
Narharpur, P.S Marhaurha, District Saran at Chapra.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Sharma
For the Opposite Party/s : Mr. Shyam Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 06-01-2026 Heard the parties.
2. This is an application for quashing the order dated
24.07.2015 passed by the learned Session Judge, Saran at
Chapra in Criminal Revision No. 182 of 2015 whereby the
learned Session Judge allowed the aforesaid Criminal Revision
application filed by opposite party no.2 and set aside the order
dated 5.7.2015 & 6.7.2015 passed by Judicial Magistrate Saran
Chapra in Trial No. 2217 of 2015 arising out of Marhaurha P.S.
Case no. 204 of 2011.
3. It has been submitted by the learned counsel for the
petitioner that the main case has been disposed of by the Court
below despite a stay order of this Court.
Patna High Court CR. MISC. No.54447 of 2015(6) dt.06-01-2026
2/2
4. In these circumstances, this application is dismissed
with liberty to the petitioner to file an appropriate application in
this Court.
(Sandeep Kumar, J)
Shishir/-
U
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