Created by Fuzzy Cloud

Patna High Court

Dharmendra Kumar SinghversusThe State Of Bihar

Decided
Disposal
DISPOSED

Holding

The petition is disposed with liberty to the petitioner to raise all objections in the trial court.

Summary

The petitioner, Dharmendra Kumar Singh, filed a petition under Section 482 CrPC seeking to quash the order dated 16‑08‑2017 passed by the Additional Chief Judicial Magistrate, Patna, which had taken cognizance of offences under several sections of the Indian Penal Code and the Drugs and Cosmetics (Amended) Act, 2008. The petitioner argued that the matter could be dealt with in the trial court and requested liberty to raise all objections there. The State of Bihar, represented by an A.P.P., raised no objection to the petitioner's prayer. After hearing both sides, the High Court disposed of the petition, granting the petitioner liberty to present his objections at the appropriate stage in the trial court. Consequently, the order of the magistrate was not set aside but the petition was closed with the said liberty.

Issues considered

  • Whether the petition under Section 482 CrPC for quashing the magistrate's order should be entertained.
  • Whether the petitioner should be granted liberty to raise objections in the trial court instead of setting aside the order.

Legislation cited

Subjects

  • quash petition
  • Section 482 CrPC
  • magistrate order
  • liberty to raise objections
  • Indian Penal Code
  • Drugs and Cosmetics Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.59496 of 2018
                   Arising Out of PS. Case No.-194 Year-2017 Thana- PATRAKARNAGAR District- Patna
                 ======================================================
                 Dharmendra Kumar Singh Son of Late Ganga Prasad Singh resident of
                 Quarter No. L-2/27, P.I.T. Colony, Kankarbagh, Police Station - Patrakar
                 Nagar, District - Patna.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Suresh Mishra, Advocate
                 For the Opposite Party/s :      Mr. Satyendra Narayan Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

3   30-03-2026                     Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. This petition has been filed for quashing the order

                   dated 16.08.2017 passed by learned Additional Chief Judicial

                   Magistrate, Patna in Trial No. 858 of 2017, arising out of

                   Patrakar Nagar P.S. Case No. 194 of 2017, whereby and

                   whereunder the concerned Court took cognizance u/s 419, 420,

                   406, 468, 274, 275, 120(B) of the Indian Penal Code and

                   Sections 27(A), 17(B), 18(A), (II), 18(C), 36AC of the Drugs

                   and Cosmetics (Amended) Act, 2008 against the petitioner.

                                3. Learned counsel for the petitioner submits that this

                   case may be disposed of with liberty to the petitioner to take all

                   the objections in the Trial Court at appropriate stage.
            Patna High Court CR. MISC. No.59496 of 2018(3) dt.30-03-2026
                                                        2/2




                                   4. Learned A.P.P. for the State has no objection to this

                      prayer of the petitioner.

                                   5. In view of the submissions of learned counsel for

                      the parties, this case stands disposed of with liberty to the

                      petitioner, as prayed for.



                                              (Sunil Dutta Mishra, J)
utkarsh/-

U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.