Patna High Court
Dharmendra Kumar SinghversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
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
- Indian Penal Code — s. 120(B), 274, 275, 406, 419, 420, 468
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
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