Created by Fuzzy Cloud

Patna High Court

Arun Yadav @ Arun Kumar Yadav and AnrversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The petition is disposed of with liberty to the petitioners to raise all points before the trial court at the appropriate stage.

Summary

The petitioners, Arun Yadav and Rajesh Yadav, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash two lower‑court orders: one dated 06‑12‑2016 by the Sessions Judge rejecting their Section 245 petition, and another dated 12‑06‑2015 by the Judicial Magistrate in Complaint No. 351(C)/2013. The High Court noted that the trial was still in the evidence‑gathering stage and that the petitioners merely wanted liberty to raise all points before the trial court at the appropriate time. Both the State and the opposite party did not oppose this request. Consequently, the Court disposed of the petition, granting the petitioners the liberty to present their arguments before the trial court as prayed for.

Issues considered

  • Whether a petition under Section 482 CrPC can be entertained to quash the Sessions Judge's order rejecting a Section 245 petition
  • Whether the order of the Judicial Magistrate can be quashed at this stage of the proceedings
  • Whether the petitioners should be allowed liberty to raise all points before the trial court while the case is still on the evidence stage

Legislation cited

Subjects

  • Criminal Procedure
  • Section 482
  • Section 245
  • Quash Petition
  • High Court
  • Trial Court
  • Liberty to raise points

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.61738 of 2017
                    Arising Out of PS. Case No.-351 Year-2013 Thana- KHAGARIA COMPALINT CASE
                                                     District- Khagaria
                 ======================================================
           1.     Arun Yadav @ Arun Kumar Yadav Son of Late Gulo Yadav Resident of
                  Manbodh Tola, P.S. - Khagaria, District - Khagaria.
           2.    Rajesh Yadav Son of Late Anandi Yadav Resident of Village - Labhgaon,
                 P.S. - Khagaria Gangaur, District - Khagaria.

                                                                             ... ... Petitioner/s
                                                    Versus
           1.    State Of Bihar
           2.    Arti Kumari Daughter of Late Rajeshwar Prasad Singh Resident of Village -
                 Labhgaon, P.S. - Khagaria Gangaur, District - Khagaria.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Bhim Kumar Yadav, Advocate
                 For the Opposite Party/s :    Mr. Bal Mukund Prasad Sinha, APP
                                               Mr. Vivekanand Singh, Advocate
                                               Mr. Hira Jha, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

6   10-04-2026                     Heard learned counsel for the petitioners, learned

                   counsel for O.P. No. 2 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 06.12.2016 passed by

                   the learned Sessions Judge, Khagaria in Cr. Rev. No. 88 of 2015

                   by which petition of the petitioners filed under Section 245

                   Cr.P.C. was rejected as well as quashing the order dated

                   12.06.2015 passed by the learned Judicial Magistrate 1st Class,

                   Khagaria in Complaint Case No. 351(C)/2013.

                                3. As per the report of the learned Trial Court, the case
              Patna High Court CR. MISC. No.61738 of 2017(6) dt.10-04-2026
                                                          2/2




                        is running for evidence.

                                     4. Learned counsel for the petitioners submits that this

                        case may be disposed of with liberty to the petitioners to raise

                        all the points before the learned Trial Court at the appropriate

                        stage.

                                     5. Learned A.P.P. for the State and learned counsel for

                        O.P. No. 2 have no objection to this prayer of the petitioners.

                                     6. Accordingly, the present case is disposed of with

                        liberty to the petitioners, as prayed for.



                                                (Sunil Dutta Mishra, J)
rakhi/-

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.