Patna High Court
Parmanand Singh and OrsversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court granted the petitioners liberty to raise their points before the trial court and disposed of the petition without quashing the order of cognizance.
Summary
The petitioners, a family of Parmanand Singh, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an order dated 14 July 2017 passed by the Sub-Divisional Judicial Magistrate, Jamui, which had taken cognizance of offences under Section 498A of the Indian Penal Code and Section 3 of the Dowry Prohibition Act. They requested liberty 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 prayer. The Hon'ble Justice Sunil Dutta Mishra disposed of the petition, granting the petitioners the liberty they sought to present their points before the trial court. Consequently, the order of cognizance was not set aside, but the petitioners were allowed to proceed with their defence in the trial court.
Issues considered
- Whether the order taking cognizance of offences under Section 498A IPC and Section 3 DP Act can be quashed under Section 482 CrPC.
- Whether the petitioners should be granted liberty to raise the points raised in the petition before the trial court.
Legislation cited
- Criminal Procedure Code — s. 482
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 498A
Subjects
- Criminal Procedure
- Section 482 CrPC
- Section 498A IPC
- Dowry Prohibition Act
- Quash Petition
- Liberty to plead
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59471 of 2018
Arising Out of PS. Case No.-314 Year-2017 Thana- COMPLAINT CASE District- Jamui
======================================================
1. Parmanand Singh S/o Bilyti Singh,
2. Archana Kumari, W/o Parmanand Singh,
3. Ful Kumari, D/o Parmanand Singh,
4. Dimple Kumari, D/o Parmanand Singh, All are resident of Village- Kaiyar,
Police Station- Sikandra, District- Jamui.
... ... Petitioner/s
Versus
1. State of Bihar
2. Soni Kumari, W/o Rajeev Ranjan, Resident of Village- Hathiyama, Police
Station- Hathiyama, District- Sheikhpura, D/o Upendra Singh, Village-
Darkha Police Station- Sikandra, District- Jamui.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar, Advocate
For the Opposite Party/s : Mr. Mukeshwar Dayal, 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 14.07.2017 passed by
the learned S.D.J.M., Jamui in connection with Complaint Case
No. 314C of 2017 by which cognizance was taken against the
petitioners for the offences punishable under Section 498A of
the I.P.C. and Section ¾ of the D.P. Act.
3. Learned counsel for the petitioners submits that this
case may be disposed of with liberty to petitioners to take all the
Patna High Court CR. MISC. No.59471 of 2018(3) dt.16-06-2026
2/2
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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