Patna High Court
Dharamvir Prasad and OrsversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court disposed of the applications, granting the petitioners liberty to raise all points before the trial court and directing an expedited disposal of the trial.
Summary
The petitioners filed criminal miscellaneous applications under Section 482 of the Criminal Procedure Code seeking to quash an order dated 18 May 2018 passed by the Additional Sessions Judge, 3rd, Hilsa (Nalanda) in connection with S. Tr. No.453 of 2017. The petitioners argued that the matter could be disposed of by allowing them to raise all points before the trial court at the appropriate stage. The State’s Additional Public Prosecutor raised no objection to the petitioners’ request. The Court, after hearing counsel, granted the petitioners liberty to present all issues before the trial court and directed the trial court to expedite the disposal of the trial. Consequently, the criminal miscellaneous applications were disposed of with the liberty sought by the petitioners.
Issues considered
- Whether the order of the Additional Sessions Judge dated 18 May 2018 can be quashed under Section 482 of the Criminal Procedure Code
- Whether the petitioners should be allowed to raise all points before the trial court at the appropriate stage
Legislation cited
- Criminal Procedure Code — s. 482
Subjects
- Criminal Procedure
- Section 482
- Quash Order
- High Court
- Trial Court
- Expedited Disposal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62523 of 2018
Arising Out of PS. Case No.-81 Year-2016 Thana- THARTHARI District- Nalanda
======================================================
Ajay Prasad son of Sri Kailash Prasad, Resident of Village- Tribhuwan Bigha,
P.S.- Tharthari, District- Nalanda.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 57412 of 2018
Arising Out of PS. Case No.-81 Year-2016 Thana- THARTHARI District- Nalanda
======================================================
1. Dharamvir Prasad S/o Late Hari Narayan Prasad,
2. Bhushan Prasad S/o Sri Nasib Prasad,
3. Pramod Kumar S/o Naresh Prasad, All residents of Vill.- Tribhuwan Bigha,
P.S.- Tharthari, District- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 62523 of 2018)
For the Petitioner/s : Mr. Sidhendra Narayan Singh, Advocate
For the State : Mr. Anil Kumar, A.P.P.
For the O.P. No.2 : Mr. Ravi Shanker Pankaj, Advocate
Mr. Krishna Kumar Yadav, Advocate
(In CRIMINAL MISCELLANEOUS No. 57412 of 2018)
For the Petitioner/s : Mr.Sidhendra Narayan Singh, Advocate
For the State : Mr. Anil Kumar, A.P.P.
For the O.P. No.2 : Mr. Ravi Shanker Pankaj, Advocate
Mr. Krishna Kumar Yadav, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
4 07-07-2026 Heard learned counsel for the petitioners, learned
A.P.P. for the State and learned counsel for the opposite party
no.2.
Patna High Court CR. MISC. No.62523 of 2018(4) dt.07-07-2026
2/2
2. The present Cr. Misc. Applications have been filed
under Section 482 of Cr.P.C. for quashing the order dated
18.05.2018 passed by learned Additional Sessions Judge, 3 rd,
Hilsa (Nalanda) in connection with S. Tr. No.453 of 2017
arising out of Tharthari P.S. Case No.81 of 2016.
3. After some argument, learned counsel for the
petitioners submits that this case may be disposed of with liberty
to the petitioners to take all the points as raised in the petition,
before the learned Trial Court at appropriate stage in accordance
with law.
4. Learned APP for the State has no objection to this
prayer of the petitioners.
5. In view of the above, the present Cr. Misc.
Applications are disposed of with the liberty to the petitioners,
as prayed for.
6. The learned Trial Court is directed to expedite the
disposal of the trial.
(Sunil Dutta Mishra, J)
Utkarsh.k/-
U T
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