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Patna High Court

Ved Prakash RaiversusThe State Of Bihar

Decided
Disposal
DISPOSED

Holding

The court disposed of the criminal miscellaneous application, granting the petitioner liberty to raise his points before the trial court as prayed for.

Summary

The petitioner, Ved Prakash Rai, filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash an order dated 01.01.2018 passed by the Additional Chief Judicial Magistrate (VII) of Gopalganj, which had taken cognizance of offences under Sections 341, 323, 324, 307 and 506/34 of the Indian Penal Code. The petitioner argued that the matter could be disposed of by allowing him to raise all points raised in the petition before the trial court at the appropriate stage. The State of Bihar, represented by an Additional Public Prosecutor, raised no objection to the petitioner's prayer. The Hon’ble Justice Sunil Dutta Mishra disposed of the application, granting the petitioner liberty to present his points before the trial court as prayed for. Consequently, the order of the ACJM was not quashed but the application was allowed to proceed with the specified liberty.

Issues considered

  • Whether the order of the Additional Chief Judicial Magistrate dated 01.01.2018 should be quashed under Section 482 Cr.P.C.
  • Whether the petitioner should be granted liberty to raise the points raised in the petition before the trial court.

Legislation cited

Subjects

  • Criminal Procedure
  • Section 482
  • Quash Order
  • Trial Court
  • Indian Penal Code
  • Criminal Miscellaneous Application
  • Liberty to Raise Points

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.59236 of 2018
                   Arising Out of PS. Case No.-199 Year-2017 Thana- KUCHAIKOTE District- Gopalganj
                 ======================================================
                 Ved Prakash Rai Son of Harendra Rai Resident of Village- Jalalpur, P.S.
                 Kuchaikote, District- Gopalganj.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Anirudh Kumar Verma, Advocate.
                 For the Opposite Party/s :      Mr. Umesh Lal Verma, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

4   05-05-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The present Cr. Misc. Application has been filed

                   under Section 482 of Cr.P.C. for quashing the order dated

                   01.01.2018 passed by learned A.C.J.M.-VII, Gopalganj in

                   connection with Trial No.373 of 2018 arising out of Kuchaikote

                   P.S. Case No.199 of 2017 by which cognizance under Section

                   341, 323, 324, 307 & 506/34 of the I.P.C. has been taken against

                   the petitioner.

                                3. After some argument, learned counsel for the

                   petitioner submits that this case may be disposed of with liberty

                   to the petitioner to take all the points as raised in the petition,

                   before the learned Trial Court at appropriate stage in accordance

                   with law.
              Patna High Court CR. MISC. No.59236 of 2018(4) dt.05-05-2026
                                                          2/2




                                     4. Learned APP for the State has no objection to this

                        prayer of the petitioner.

                                     5. In view of the above, the present Cr. Misc.

                        Application is disposed of with the liberty to the petitioner, as

                        prayed for.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T


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