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Patna High Court

Shamim Haidar and AnrversusThe State Of Bihar

Decided
Disposal
DISPOSED

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

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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