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Patna High Court

Deo Chandra Ram and OrsversusThe State Of Bihar

Decided
Disposal
DISPOSED

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

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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