Patna High Court
Shamim Haidar and AnrversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court disposed of the petition by granting the petitioners liberty to present their arguments before the trial court.
Summary
The petitioners, Shamim Haidar and Pradeep Kumar, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an order dated 08‑07‑2015 in which the Siwan Additional Chief Judicial Magistrate had taken cognizance of offences under Sections 420, 467, 468, 471, 472 and 34 of the Indian Penal Code. They requested that the petition be disposed of with liberty to raise all points raised in the petition before the trial court at the appropriate stage. The State of Bihar, represented by an Additional Public Prosecutor, raised no objection to the prayer. The High Court, after hearing counsel, granted the petitioners the liberty they sought and disposed of the petition accordingly. No substantive merits of the criminal charges were decided; the order merely allowed the petitioners to approach the trial court with their arguments.
Issues considered
- What is the scope of Section 482 Cr.P.C. in granting a petition for quashing a lower court's order?
- Whether the petition can be disposed of by granting liberty to the petitioners to raise their points before the trial court.
Legislation cited
- Criminal Procedure Code — s. 482
- Indian Penal Code — s. 34, 420, 467, 468, 471, 472
Subjects
- Criminal Procedure
- Section 482
- Quash Order
- Cognizance
- Trial Court
- Liberty to Approach
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55320 of 2016
Arising Out of PS. Case No.-63 Year-2013 Thana- JIRADEI District- Siwan
======================================================
1. Shamim Haidar, Son of Abdul Hakim Resident of Village Kawe, P.S.
Bhorey, District Gopalganj, the then Junior Engineer, Jiradei Block, District
Siwan.
2. Pradeep Kumar Son of Umesh Prasad Resident of Village Tetaria, P.S.
Meskaur, District Nawada, the then Panchayat Rojgar Sewak, Hasua
Panchayat, Jiradei Block, District Siwan.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 22-06-2026 Heard learned counsel for the petitioners 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 08.07.2015 passed by
the learned A.C.J.M. 1st, Siwan in Ziradei P.S. Case No. 63 of
2013 by which cognizance was taken against the petitioners for
the offences under Sections 420, 467, 468, 471, 472/ 34 of the
I.P.C.
3. Learned counsel for the petitioners submits that this
case may be disposed of with liberty to the petitioners to take all
the points raised in the petition before the Trial Court at the
appropriate stage.
Patna High Court CR. MISC. No.55320 of 2016(3) dt.22-06-2026
2/2
4. Learned A.P.P. for the State has no objection to this
prayer of the petitioners.
5. Accordingly, the present case is disposed of with
liberty to the petitioners, as prayed for.
(Sunil Dutta Mishra, J)
rakhi/-
U T
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