Patna High Court
Nand Kumar YadavversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition for quashing the order was dismissed, and the lower court's decision was upheld.
Summary
The petitioner, Nand Kumar Yadav, filed a petition under Section 319 of the Criminal Procedure Code seeking summons against respondents 2 to 5, challenging the order dated 13 July 2018 of the Additional Sessions Judge that rejected his application. The High Court considered the petition for quashing that order. Both parties' counsel appeared and indicated that the matter could be disposed of without further argument. The State had no objection to the petitioner's prayer, and the petitioner’s counsel also agreed to disposal. Consequently, the Court disposed of the petition, effectively upholding the lower court's order and not granting the summons.
Issues considered
- Whether the order of the Additional Sessions Judge rejecting the petition under Section 319 CrPC should be quashed
Legislation cited
- Code of Criminal Procedure, 1973 — s. 319
Subjects
- Criminal Procedure
- Section 319
- Summons
- Quash petition
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58442 of 2018
Arising Out of PS. Case No.-59 Year-2010 Thana- KRISHNAGARH District- Bhojpur
======================================================
Nand Kumar Yadav S/o Late Ram Lakhan Yadav, R/o Vill.- Padminiya, P.S.-
Krishangarh, District- Bhojpur.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Satya Narayan Singh
3. Satendra Singh Both are Sons of Late Parmeshwar Singh,
4. Pawan Singh
5. Sanjay Singh Both are Son of Late Pashu Ram Singh, All are R/o Vill.-
Sohar, P.S.- Krishangarh Barhara, District- Bhojpur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajani Ranjan Pd. Singh, Advocate
For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 12-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. This petition has been filed for quashing the order
dated 13.07.2018 passed by learned Additional Sessions Judge-
VI, Bhojpur, Ara in Sessions Trial No. 51 of 2012, arising out of
Krishnagarh (Barhara) P.S. Case No. 59 of 2010, whereby and
whereunder the petition of the petitioner filed u/s 319 Cr. P.C.
for issuing summons to O.P. Nos. 2 to 5 has been rejected.
3. Learned counsel for the petitioners submits that this
case may be disposed.
4. Learned A.P.P. for the State has no objection to this
Patna High Court CR. MISC. No.58442 of 2018(3) dt.12-02-2026
2/2
prayer of the petitioners.
5. In view of the submissions of learned counsels for
the parties, this case stands disposed of.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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