Patna High Court
Ramakant Tiwary and OrsversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The criminal miscellaneous application is disposed of as the petitioners withdrew the petition and the State raised no objection.
Summary
The petitioners, a group of members of the Tiwary family, filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash an order dated 29-08-2017 passed by the Additional Chief Judicial Magistrate, Areraj, which had taken cognizance of offences under Sections 417, 465, 567 and 384 of the Indian Penal Code. The petitioners later informed the court that they no longer wished to pursue the application and requested its disposal. The State of Bihar, through its Additional Public Prosecutor, raised no objection to the petitioners' request. Considering the unanimous consent of both parties, the High Court disposed of the criminal miscellaneous application without further hearing. The order effectively closes the petition, leaving the earlier magistrate's order undisturbed.
Issues considered
- Whether the order of the Additional Chief Judicial Magistrate can be quashed under Section 482 of the Cr.P.C.
- Whether the petition can be withdrawn and the application disposed of with the consent of the State.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 384, 417, 465, 567
Subjects
- Criminal Procedure
- Section 482
- Quash Order
- Withdrawal of Petition
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62556 of 2018
Arising Out of PS. Case No.-194 Year-2016 Thana- EAST CHAMPARAN COMPLAINT
District- East Champaran
======================================================
1. Ramakant Tiwary Son of Late Krishnanath Tiwary
2. Shashikant Tiwary,
3. Umaknat Tiwary. Both Sons of Late Shankar Nath Tiwary. Resident of
Village- Kauwaha Balaha, P.S. Gobindganj, District-East -Champaran. At
Present Resident of Village- Siswania, P.S. Ramgarhwa, District-East-
Champaran..
4. Adar Devi Wife of Late Udhawanth Tiwary.
5. Nitishnath Tiwary, Son of Late Udhawnath Tiwary Both Resident of Village-
Kauwaha Balaha, P.S. Gobindganj, District-East-Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Shambhu Nath Tiwary, @ Chandra Shekhar Nath Tiwary, Son of Late
Madhonath Tiwary, Resident of Village- Kauwaha, Balaha, Police Station
Gobindganj, District-East Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Adya Singh, Advocate.
For the Opposite Party/s : Mr. Ramchandra Sahani, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 26-03-2026 Heard learned counsel for the petitioners 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
29.08.2017 passed by learned Additional Chief Judicial
Magistrate, Areraj (East Champaran) in connection with Tr.
No.1750 of 2017 arising out of Complaint/ Protest Case No.C-
194 of 2016 by which cognizance under Sections 417, 465, 567
Patna High Court CR. MISC. No.62556 of 2018(3) dt.26-03-2026
2/2
& 384 of the I.P.C. has been taken against the petitioners.
3. Learned counsel for the petitioners submits that he
does not want to press the present petition, accordingly, prays
that the present case may be disposed of.
4. Learned A.P.P. for the State has no objection to this
prayer of the petitioners.
5. Considering the submissions of learned counsels
for the parties, the present Cr. Misc. Application stands disposed
of.
(Sunil Dutta Mishra, J)
Ritik/-
U T
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