Patna High Court
Nazir Khan and OrsversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
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
- Code of Criminal Procedure, 1973 — s. 319, 482
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
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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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