Patna High Court
Surendra Kumar @ Surendra Kumar YadavversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition was disposed of, granting the petitioner liberty to present his points before the trial court.
Summary
Surendra Kumar Yadav filed a petition under Section 482 of the Criminal Procedure Code seeking to quash two orders: one dated 10-08-2018 by the Sessions Judge dismissing his revision petition, and another dated 10-07-2017 by the SDJM rejecting his petition under Section 239. The petitioner argued that the orders were erroneous and requested liberty to raise all points before the trial court. The State did not oppose the petitioner's request. The High Court, after hearing counsel, disposed of the petition, granting the petitioner liberty to approach the trial court with the raised points. No substantive merits of the orders were adjudicated; the case was essentially closed with the liberty granted.
Issues considered
- Whether the orders of the Sessions Judge and the SDJM can be quashed under Section 482 CrPC
- Whether the petitioner should be allowed liberty to raise his points before the trial court
Legislation cited
- Code of Criminal Procedure, 1973 — s. 239, 482
Subjects
- Criminal Procedure
- Section 482
- Section 239
- Quash Order
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61597 of 2018
Arising Out of PS. Case No.-49 Year-2013 Thana- PHULPARAS District- Madhubani
======================================================
Surendra Kumar @ Surendra Kumar Yadav S/o Late Subhag Lal Yadav,
Resident of Village- Dhanauja, P.S.- Phulparas, District- Madhubani.
... ... Petitioner/s
Versus
1. State Of Bihar
2. Birendra Kumar, S/o Late Subhag Lal Yadav, R/o Village- Dhanauja, P.S.-
Phulparas, District- Madhubani.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Lakshmindra Kumar Yadav, Advocate
For the Opposite Party/s : Mr. Sri Chandrasen Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 20-04-2026 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 10.08.2018 passed by
the learned Sessions Judge, Madhubani in Cr. Rev. No. 791 of
2017, 872 of 2017 by which the said revision petition filed by
the petitioner was dismissed and further for quashing the order
dated 10.07.2017 passed by the learned S.D.J.M., Jhanjharpur in
G.R. Case No. 311 of 2013, Phulparas P.S. Case No. 49 of 2013,
T.R. No. 1966 of 2017 by which petition of the petitioner filed
under Section 239 Cr.P.C. was rejected.
3. Learned counsel for the petitioner submits that this
Patna High Court CR. MISC. No.61597 of 2018(3) dt.20-04-2026
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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.
4. Learned A.P.P. for the State has no objection to this
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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