Patna High Court
Deo Chandra Ram and OrsversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court disposed of the petition, granting the petitioners liberty to raise all points before the trial court, without quashing the lower court’s order.
Summary
The petitioners, a group of individuals from Village Kushmahi, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash the order dated 24 January 2018 passed by the Additional Chief Judicial Magistrate‑III, Jhanjharpur, which had taken cognizance of offences under Sections 341, 323, 147, 504 and later 302 of the Indian Penal Code. They contended that the order was premature 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 examined whether the High Court could intervene under Section 482 to set aside the lower court’s order. Finding no substantive ground to interfere and noting the State’s consent, the Court disposed of the petition, granting the petitioners liberty to present their arguments before the trial court. No substantive merits of the criminal charges were addressed, and the order thus effectively allowed the petitioners to proceed with their defence in the trial court.
Issues considered
- Whether the order of the Additional Chief Judicial Magistrate taking cognizance can be quashed under Section 482 of the Criminal Procedure Code
- Whether the petitioners may be granted liberty to raise all points before the trial court
Legislation cited
- Criminal Procedure Code — s. 482
- Indian Penal Code — s. 147, 302, 323, 341, 504
Subjects
- Section 482
- quash order
- Criminal Procedure Code
- Indian Penal Code
- trial court
- liberty to raise points
- petition
- cognizance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59278 of 2018
Arising Out of PS. Case No.-24 Year-2016 Thana- ANDHRAMATH District- Madhubani
======================================================
1. Deo Chandra Ram S/o Late Sakhichandra Ram,
2. Sangeeta Devi, W/o Mahendra Ram,
3. Bina Devi, W/o Surya Narayan Ram,
4. Dhanmantri Devi, W/o Deo Chandra Ram,
5. Sumitra Devi, W/o Late Sakhichandra Ram,
6. Mahendra Ram, S/o Bhagwan Ram @ Bhagwan Das,
7. Shobha Devi @ Pavita Devi, W/o Mohan Ram,
8. Mohan Ram, S/o Bhagwan Ram @ Bhagwan Das,
9. Suraj Ram @ Surya Narayan Ram, S/o Kamal Ram,
10. Chhaya Devi, W/o Bhagwan Ram @ Bhagwan Das, All R/o Village-
Kushmahi, P.s.- Andharamath, District- Madhubani.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar, Advocate
For the Opposite Party/s : Mr. Kumar Virendra Narayan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 16-06-2026 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 24.01.2018 passed by
the learned A.C.J.M.-III, Jhanjharpur, Madhubani in connection
with Andhramath P.S. Case No. 24 of 2016 (G.R. No. 509 of
2016) by which cognizance was taken against the petitioners for
the offences punishable under Sections 341, 323, 147, 504 of the
Patna High Court CR. MISC. No.59278 of 2018(3) dt.16-06-2026
2/2
I.P.C. Later on, Section 302 of the I.P.C was added.
3. Learned counsel for the petitioners submits that this
case may be disposed of with liberty to the petitioners to take all
the points raised in the petition 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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