Patna High Court
Noni Gopal Das and AnrversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
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
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 120B, 34, 418, 419, 420, 468, 471, 504, 506
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
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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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