Created by Fuzzy Cloud

Patna High Court

Noni Gopal Das and AnrversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The Court disposed of the petition, granting the petitioners liberty to raise all points before the trial court as prayed for.

Summary

The petitioners, Noni Gopal Das and his son Ranjan Kumar Das, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash the order dated 17-04-2015 that framed charges against them under several sections of the Indian Penal Code. The charges framed included offences such as cheating, criminal breach of trust, forgery, and criminal conspiracy. The petitioners argued that the charge sheet should be set aside and that they should be allowed to raise all points before the trial court at the appropriate stage. The State opposed the petition but did not raise any substantive objection to the relief sought. The Court, after hearing both sides, disposed of the petition by granting the petitioners liberty to raise all points before the trial court as prayed for. No substantive merits of the charges were examined, and the order was limited to procedural liberty.

Issues considered

  • Whether the order framing charges under the listed IPC sections can be quashed under Section 482 Cr.P.C.
  • Whether the petitioners should be granted liberty to raise all points before the trial court.

Legislation cited

Subjects

  • Criminal Procedure
  • Section 482
  • Quash Petition
  • Charge Framing
  • High Court
  • Procedural Liberty

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.58207 of 2018
                         Arising Out of PS. Case No.-25 Year-2014 Thana- BANKA District- Banka
                 ======================================================
           1.     Noni Gopal Das son of Late Tarni Prasad Das,
           2.    Ranjan Kumar Das @ Ranjan Kumar Prabhal, son of Noni Gopal Das, Both
                 are resident of Village- Jagatpur, P.O. P.S. District- Banka.

                                                                                   ... ... Petitioner/s
                                                        Versus
           1.    State Of Bihar
           2.    Avinash Kumar, Son of Late Raj Kishore Prasad Sah, resident of Village
                 P.O.- Vijay Nagar, P.S. District- Banka.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ranjan Kumar Jha, Advocate
                 For the Opposite Party/s :       Mr. Md. Fahimuddin, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

3   09-04-2026                    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 17.04.2015 passed by

                   the learned Judicial Magistrate, Banka in G.R. No. 177 of 2014,

                   arising out of Banka P.S. Case No. 25 of 2014 by which charges

                   were framed under Sections 418, 419, 420, 468, 471,

                   120(B),504, 506/34 of the I.P.C. against the petitioners.

                                3. Learned counsel for the petitioners submits that this

                   case may be disposed of with liberty to the petitioners to raise

                   all the points before the Trial Court at the appropriate stage.

                                4. Learned A.P.P. for the State has no objection to this
              Patna High Court CR. MISC. No.58207 of 2018(3) dt.09-04-2026
                                                          2/2




                        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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.