Patna High Court
Nazmuddin Mukhiya @ Najmuddin and OrsversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court held that the petition may be disposed of, granting the petitioners liberty to raise all points before the trial court, with no objection from the State.
Summary
The petitioners, five individuals from Kishanganj district, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an order dated 07-02-2018 passed by the Judicial Magistrate of Kishanganj, which had taken cognizance of offences under Sections 385 and 34 of the Indian Penal Code. The petition argued that the magistrate's order should be set aside and that the petitioners 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' prayer. The High Court, after hearing both sides, agreed to the petitioners' request, granting them liberty to present their arguments before the trial court. Consequently, the court disposed of the petition without quashing the magistrate's order, merely allowing the petitioners to proceed with their defence in the trial court. The order was pronounced by Justice Sunil Dutta Mishra.
Issues considered
- Whether the order of taking cognizance under Sections 385 and 34 IPC can be quashed under Section 482 CrPC.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 34, 385
Subjects
- Section 482 CrPC
- quash order
- cognizance
- Indian Penal Code
- criminal procedure
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58566 of 2018
Arising Out of PS. Case No.-24 Year-2017 Thana- PUWAKHALI District- Kishanganj
======================================================
1. Nazmuddin Mukhiya @ Najmuddin Son of Anoddin,
2. Kacchu @ Nazir, Son of Anoddin,
3. Mustaque @ Mustaque Alam, Son of Late Jatruddin, All resident of Village-
Tarabari, P.S.- Garbandanga, District- Kishanganj.
4. Quaiyum @ Abdul Quaiyam @ Md. Abdul Quyum, Son of Late Mahiuddin,
5. Quarban @ Quarban Ali, Son of Bahruddin, Both Resident of Village-
Mirbhitia, P.S.- Powakhai, District- Kishanganj.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amal Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Sri Ashok Kumar Singh , 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 07.02.2018 passed by
the learned Judicial Magistrate 1st Class, Kishanganj in
connection with Powakhali P.S. Case No. 24 of 2017, G.R. No.
578 of 2017 by which cognizance was taken against the
petitioners under Section 385/34 of the I.P.C.
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.
Patna High Court CR. MISC. No.58566 of 2018(3) dt.09-04-2026
2/2
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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