Patna High Court
Uday Rajak and AnrversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition under Section 482 Cr.P.C. is dismissed, and the order of the A.C.J.M. rejecting the discharge stands.
Summary
The petitioners, Uday Rajak and Ramashish Rajak, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash the order dated 01-06-2011 of the Additional Chief Judicial Magistrate, which rejected their discharge and fixed a date to frame charges under Sections 323 and 379 of the Indian Penal Code. The petition argued that the order should be set aside, while the State had no objection to the petitioners' prayer for disposal. Both parties' counsel appeared before the Patna High Court. Considering the submissions, the Court disposed of the petition, effectively upholding the A.C.J.M.'s order. The disposition reflects that the petition was dismissed and the proceedings against the accused continue.
Issues considered
- Whether the order of the Additional Chief Judicial Magistrate rejecting the discharge of the petitioners and fixing a date for charge‑framing can be quashed under Section 482 of the Criminal Procedure Code
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 323, 379
Subjects
- Criminal Procedure
- Section 482 CrPC
- Quash Petition
- Discharge Order
- Charge Framing
- IPC 323
- IPC 379
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57943 of 2018
Arising Out of PS. Case No.-2926 Year-2009 Thana- PATNA COMPLAINT CASE District-
Patna
======================================================
1. Uday Rajak, Son of Late Sunder Rajak.
2. Ramashish Rajak @ Ramashish Baitha, Son of Late Sunder Rajak, Both
residents of Village- Rajapur, P.O.- Rukandi, Police Station- Goh, District-
Aurangabad.
... ... Petitioner/s
Versus
1. State Of Bihar
2. Sanjay Kumar son of Sri Radha Sharan, resident of Village- Mission Road,
Pakari, Ara, P.S.- Nawada, District- Bhojpur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Durgesh Kumar, Advocate
For the Opposite Party/s : Mr. Sri Jharkhandi Upadhyay, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 27-02-2026 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 01.06.2011 passed by the
learned A.C.J.M. XIV, Patna in Complaint Case No. 2926 (C)
of 2009 by which discharge petition of the petitioners has been
rejected and date was fixed to frame charges against the accused
persons under Sections 323 and 379 of the I.P.C.
3. Learned counsel for the petitioners submits that this
case may be disposed of.
4. Learned A.P.P. for the State has no objection to this
Patna High Court CR. MISC. No.57943 of 2018(2) dt.27-02-2026
2/2
prayer of the petitioners.
5. Considering the submissions of the learned
counsels for the parties, the present case is disposed of.
(Sunil Dutta Mishra, J)
rakhi/-
U T
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