Patna High Court
Karelal Yadav and AnrversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The High Court did not quash the magistrate’s order and disposed of the petition, granting the petitioners liberty to raise their points before the trial court.
Summary
Petitioners Karelal Yadav and Rampravesh Yadav filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an order dated 21‑08‑2017 of the Chief Judicial Magistrate, Khagaria, which had taken cognizance of offences under Sections 147, 149, 323, 325, 504, 506 and 341 of the Indian Penal Code. The petition argued that the matter could be dealt with at the appropriate stage before the trial court. The State did not oppose the prayer. The High Court, after hearing both sides, declined to quash the magistrate’s order and instead disposed of the petition, granting the petitioners liberty to raise all points before the trial court as they deem fit.
Issues considered
- Whether the order of the Chief Judicial Magistrate taking cognizance of the offences can be quashed under Section 482 CrPC
Legislation cited
- Criminal Procedure Code — s. 482
- Indian Penal Code — s. 147, 149, 323, 325, 341, 504, 506
Subjects
- Criminal Procedure
- Section 482
- Quash order
- Cognizance
- Trial Court
- Indian Penal Code offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55334 of 2018
Arising Out of PS. Case No.-67 Year-2017 Thana- KHAGARIA District- Khagaria
======================================================
1. Karelal Yadav
2. Rampravesh Yadav Both Sons of Late Mulo Yadav resident of Village- Awas
Board, Ward No.- 10, P.S.- Khagaria M, District- Khagaria.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binod Kumar, Advocate
For the Opposite Party/s : Mr. Anil Kumar Singh 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 16-06-2026 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 21.08.2017 passed by
the learned Chief Judicial Magistrate, Khagaria in Khagaria P.S.
Case No. 67 of 2017 (G.R. No. 313 of 2017) by which
cognizance was taken against the petitioners for the offences
punishable under Sections 147, 149, 323, 325, 504, 506, 341 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.55334 of 2018(3) dt.16-06-2026
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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