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Patna High Court

Nazir Khan and OrsversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The order directing summons under Section 319 CrPC was quashed, and the petitioners were granted liberty to raise their points before the trial court.

Summary

The petitioners filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an order dated 27-04-2018 issued by the Sub-Divisional Judicial Magistrate, Sasaram, which directed the issuance of summons for their appearance based on a complaint filed under Section 319 CrPC. The petitioners argued that the order could be set aside and that they should be allowed to raise all points before the trial court at the appropriate stage. The State of Bihar, represented by an Additional Public Prosecutor, raised no objection to the petitioners' request. The Court, after hearing both sides, disposed of the petition granting the relief sought, i.e., quashing the earlier order and permitting the petitioners to raise their points before the trial court later. The order was pronounced by Justice Sunil Dutta Mishra.

Issues considered

  • Whether the order directing issuance of summons under Section 319 CrPC can be quashed under Section 482 CrPC
  • Whether the petitioners should be granted liberty to raise all points before the trial court at a later stage

Legislation cited

Subjects

  • Criminal Procedure
  • Section 482
  • Section 319
  • Quash Order
  • Summons
  • Petition

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.58453 of 2018
                 Arising Out of PS. Case No.-978 Year-2012 Thana- ROHTAS COMPLAINT CASE District-
                                                         Rohtas
                 ======================================================
           1.     Nazir Khan S/o Late Gulam Kadir Khan,
           2.    Pir Khan S/o Late Gulam Kadir Khan,
           3.    Farida Khatoon D/o Pir Khan,
           4.    Zaffar Khan S/o Pir Khan,
           5.    Kausar Khatoon W/o Nazir Khan,
           6.    Md. Sarpdin, S/o Zarif Husain, All Residents of Mauza, Bauliya, P.S.-
                 Nauhatta, District- Rohtas.

                                                                               ... ... Petitioner/s
                                                     Versus
           1.    State Of Bihar
           2.    Pharzana Khatoon W/o Mubarak Khan, D/o Mohammad Ali Raza Malik,
                 R/o Mohalla- Dargah Darwaza Sherganj, P.S.- Sasaram, District- Rohtas.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Rajesh Kumar Singh, Advocate
                 For the Opposite Party/s :     Mr. Umanath Mishra, 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 27.04.2018 passed by

                   the learned S.D.J.M., Sasaram in Complaint Case No. 978C of

                   2012 by which direction was given to issue summon for

                   appearance of petitioners on the basis of petition filed by O.P.

                   No. 2 under Section 319 Cr.P.C.

                                3. Learned counsel for the petitioners submits that this
              Patna High Court CR. MISC. No.58453 of 2018(3) dt.09-04-2026
                                                          2/2




                        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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