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Patna High Court

Mukkadar PaswanversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The Court disposed of the application, granting the petitioner liberty to present his arguments before the trial court.

Summary

The petitioner, Mukkadar Paswan, filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash an order dated 01.02.2018 that had framed a charge of rape under Section 366(A) of the Indian Penal Code against him. The order was originally passed by the Additional District Judge‑III, Biharsharif, in connection with Sessions Trial No.647 of 2017. The petitioner argued that the matter could be disposed of by granting him liberty to raise all points raised in the petition before the trial court at an appropriate stage. The State of Bihar, represented by an Additional Public Prosecutor, raised no objection to the petitioner's prayer. The High Court, after hearing both sides, disposed of the criminal miscellaneous application, granting the petitioner the liberty he sought to approach the trial court with his arguments. No substantive merits of the charge were addressed; the court merely allowed the procedural liberty sought by the petitioner.

Issues considered

  • Whether the criminal miscellaneous application under Section 482 Cr.P.C. for quashing the charge should be entertained.
  • Whether the petitioner should be granted liberty to raise his points before the trial court.

Legislation cited

Subjects

  • Criminal Procedure
  • Section 482
  • Quash Order
  • Section 366A
  • Liberty to Approach Trial Court
  • High Court Order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.60943 of 2018
                        Arising Out of PS. Case No.-110 Year-2014 Thana- VENA District- Nalanda
                 ======================================================
                 Mukkadar Paswan Son of Bachchan Paswan, Resident of Village- Ladhrawan,
                 P.S.- Deepnagar, District- Nalanda.

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar.
           2.    Gautmi Devi, Wo Late Chandradeo Ram, Resident of Village- Arawan, P.S.-
                 Ben, District- Nalanda.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sourabh Chandra Pushp, Advocate.
                 For the Opposite Party/s :       Mr. Lakshmi Kant Sharma, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

4   28-04-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The present Cr. Misc. Application has been filed

                   under Section 482 of Cr.P.C. for quashing the order dated

                   01.02.2018 passed by learned A.D.J.-III, Biharsharif, Nalanda in

                   connection with Sessions Trial No.647 of 2017 arising out of

                   Ben P.S. Case No.110 of 2014 by which charge under Section

                   366(A) of the I.P.C. has been framed against the petitioner.

                                3. After some argument, learned counsel for the

                   petitioner submits that this case may be disposed of with liberty

                   to the petitioner to take all the points as raised in the petition,

                   before the learned Trial Court at appropriate stage in accordance
              Patna High Court CR. MISC. No.60943 of 2018(4) dt.28-04-2026
                                                          2/2




                        with law.

                                     4. Learned APP for the State has no objection to this

                        prayer of the petitioner.

                                     5. In view of the above, the present Cr. Misc.

                        Application is disposed of with the liberty to the petitioner, as

                        prayed for.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T


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