Patna High Court
RAMESH CHANDRA PASWAN @ RAMESH KUMAR PASWANversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SONI SHRIVASTAVA
Holding
The application to quash the order rejecting the discharge petition is dismissed as infructuous.
Summary
The petitioners filed an application seeking to quash the order dated 17-08-2022 of the Sub-Divisional Judicial Magistrate, Katihar, which had rejected their discharge petition under Section 239 of the Criminal Procedure Code. The State opposed, submitting that the trial was already at an advanced stage with charges framed, several prosecution witnesses examined, and only two remaining. The court noted that interference at such a stage would stifle a legitimate prosecution and that the application had become infructuous. Consequently, the court held there was no ground to interfere with the lower court’s order. The petitioners were directed to raise any further arguments during the trial, and the application was disposed of.
Issues considered
- Whether the High Court should quash the order rejecting a discharge petition under Section 239 CrPC when the trial is at an advanced stage
Legislation cited
- Code of Criminal Procedure, 1973 — s. 239
Subjects
- Criminal Procedure
- Discharge Petition
- Section 239
- High Court
- Trial Stage
- Quash Order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59194 of 2022
Arising Out of PS. Case No.-40 Year-2016 Thana- MAHILA PS District- Katihar
======================================================
1. Ramesh Chandra Paswan @ Ramesh Kumar Paswan Son Of Late Ram
Chandra Paswan R/O Lal Kothi, P.S.- Katihar, District- Katihar
2. Rekha Kumari @ Rekha Devi Wife Of Raju Paswan R/O Lal Kothi, P.S.-
Katihar, District- Katihar
3. Maya Devi Wife Of Late Ram Chandra Paswan R/O Lal Kothi, P.S.-
Katihar, District- Katihar
4. Rakhi Kumari D/O Late Ram Chandra Paswan R/O Lal Kothi, P.S.- Katihar,
District- Katihar
5. Neelam Devi Wife Of Ramesh Kumar Paswan R/O Lal Kothi, P.S.- Katihar,
District- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajit Kumar Singh, Advocate
For the Opposite Party/s : Mr.Md. Iftekhar Mahmood, A.P.P
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 22-01-2026 Heard the learned counsel for the petitioner, the
learned A.P.P. for the State and the learned counsel appearing
for the Opposite Party No. 2.
2. This is an application for quashing the order dated
17.08.2022 passed by S.D.J.M, Katihar in G.R. No. 1818 of
2016 arising out of Mahila P.S. Case No. 40 of 2016 whereby
and where under he has been pleased to reject the discharge
petition of the petitioner filed under Section 239 of the Cr.P.C.
3. A counter affidavit in the present case has been
Patna High Court CR. MISC. No.59194 of 2022(3) dt.22-01-2026
2/2
filed on behalf of the Opposite Party No. 2 stating therein in
paragraph 6 that in the present case, charges have already been
framed and the trial has begun which is in an advance stage and
interference at this stage would amount to stiffling of a
legitimate prosecution. It was orally also stated by the learned
counsel for the Opposite Party No. 2 that out of five prosecution
witnesses, three have already been examined and two only
remain to be examined.
4. In such view of the matter, the present application
seems to have become infructuous and there exists no ground to
interfere with the order rejecting the discharge application filed
by the petitioner. However, the petitioner is at liberty to advance
all his arguments during the course of the trial at the appropriate
stage.
5. Accordingly, the application stands disposed of.
(Soni Shrivastava, J)
vashudha/-
U
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