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Patna High Court

Shivendra Singh @ Shivendra Kumar Singh and OrsversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The petition is disposed with liberty to the petitioners to raise all points before the trial court.

Summary

The petitioners were charged under Sections 302, 120B/34 of the Indian Penal Code and Section 27 of the Arms Act in Saharsa P.S. Case No. 639 of 2017. The learned Sessions Judge had set aside the Chief Judicial Magistrate's order taking cognizance of the offences, prompting the petitioners to file a petition under Section 482 of the Criminal Procedure Code seeking quash of that order. The petitioners argued that they should be allowed to raise all points before the trial court at the appropriate stage. The State, represented by an Additional Public Prosecutor, raised no objection to the petitioners' request. The High Court, after hearing counsel, disposed of the petition by granting the petitioners liberty to raise all matters before the trial court, without interfering with the substantive orders of the lower courts.

Issues considered

  • Whether a petition under Section 482 Cr.P.C. can be entertained to seek liberty to raise points before the trial court.
  • Whether the High Court should quash the Sessions Judge's order setting aside the magistrate's cognizance.

Legislation cited

Subjects

  • Criminal Procedure
  • Section 482
  • Quash Petition
  • Cognizance
  • Trial Court
  • Murder
  • Conspiracy
  • Arms Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.58387 of 2018
                  Arising Out of PS. Case No.-639 Year-2017 Thana- SAHARSA SADAR District- Saharsa
                 ======================================================
           1.     Shivendra Singh @ Shivendra Kumar Singh S/o Late Braj Nandan Singh,
           2.    Boby Kumar @ Abhishek Kumar Singh S/o Shivendra Singh,
           3.    Rani Madan @ Mridula Singh W/o Anil Singh,
           4.    Manoj Singh @ Manoj Kumar Singh S/o Late Madan Singh,
           5.    Professor Vinod Singh @ Binod Kumar Singh S/o Late Madan Singh, All
                 are R/o New Colony, Ward No. 8, Saharsa, P.S.- Saharsa, District- Saharsa.

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    State Of Bihar
           2.    Prince Ranjan S/o Mahendra Prasad Singh, R/o New Colony, Ward No. 8,
                 Saharsa P.S.- Saharsa, District- Saharsa.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Viveka Nandsingh, Advocate
                 For the Opposite Party/s :      Mr. Md. Arif, 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 28.07.2018 passed by

                   the learned Sessions Judge, Saharsa in Cr. Rev. No. 62 of 2018

                   by which the aforesaid revision application was allowed and set

                   aside the order dated 06.01.2018 passed by the learned Chief

                   Judicial Magistrate, Saharsa in connection with Saharsa P.S.

                   Case No. 639 of 2017 by which cognizance was taken against

                   the petitioners for the offences under Sections 302, 120B/34 of
              Patna High Court CR. MISC. No.58387 of 2018(3) dt.09-04-2026
                                                          2/2




                        the I.P.C. and Section 27 of Arms Act.

                                     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

                        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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