Patna High Court
Md. Munna AjijversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition was disposed of, granting the petitioner liberty to raise his points before the trial court, without quashing the SDJM’s order.
Summary
The petitioner, Md. Munna Ajij, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an order dated 02‑06‑2018 of the Sub‑Divisional Judicial Magistrate, Daudnagar, which had taken cognizance of offences under IPC sections 147, 148, 149, 332, 333, 307 and Section 27 of the Arms Act. The petitioner argued that the matter could be dealt with at the appropriate stage before the trial court. The State, represented by an Additional Public Prosecutor, raised no objection to the petitioner's request. The High Court, after hearing both sides, disposed of the petition, granting the petitioner liberty to raise all points before the trial court as prayed. No substantive order quashing the SDJM’s cognizance was made; the case was simply dismissed with liberty to the petitioner.
Issues considered
- Whether the order of the Sub‑Divisional Judicial Magistrate taking cognizance of the offences can be quashed under Section 482 CrPC.
Legislation cited
- Arms Act — s. 27
- Criminal Procedure Code — s. 482
- Indian Penal Code — s. 147, 148, 149, 307, 332, 333
Subjects
- Criminal Procedure
- Section 482
- Cognizance
- Quash Petition
- IPC offences
- Arms Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59286 of 2018
Arising Out of PS. Case No.-135 Year-2015 Thana- DAUDNAGAR District- Aurangabad
======================================================
Md. Munna Ajij Son of Nezamuddin, Resident of Mohalla- Pirahibag, P.S.-
Daudnagar, District- Aurangabad.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Mukesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 16-06-2026 Heard learned counsel for the petitioner 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 02.06.2018 passed by
the learned S.D.J.M., Daudnagar, Aurangabad in Daudnagar P.S.
Case No. 135 of 2015 (G.R. No. 450 of 2015/ T.R. No. 2569 of
2018) by which cognizance was taken against the petitioner for
the offences punishable under Sections 147, 148, 149, 332, 333,
307 of the I.P.C. and Section 27 of Arms Act.
3. Learned counsel for the petitioner submits that this
case may be disposed of with liberty to the petitioner to take all
the points raised in the petition before the Trial Court at the
appropriate stage in accordance with law.
4. Learned A.P.P. for the State has no objection to this
Patna High Court CR. MISC. No.59286 of 2018(3) dt.16-06-2026
2/2
prayer of the petitioner.
5. Accordingly, the present case is disposed of with
liberty to the petitioner, as prayed for.
(Sunil Dutta Mishra, J)
rakhi/-
U T
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