Patna High Court
Navin KumarversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The application under Section 482 Cr.P.C. was disposed of, granting the petitioner liberty to raise his points before the trial court.
Summary
Navin Kumar was charged by the Chief Judicial Magistrate, Madhubani, under Sections 406, 420 and 409 of the Indian Penal Code. He filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash the magistrate's order dated 28‑11‑2016. The petitioner argued that the matter could be disposed of by allowing him to raise all points before the trial court at the appropriate stage. The State, represented by an A.P.P., raised no objection to the petitioner's prayer. The Patna High Court, after hearing both sides, disposed of the application, granting the petitioner liberty to present his points before the trial court as prayed for.
Issues considered
- Whether the High Court can exercise its inherent powers under Section 482 Cr.P.C. to quash the order of the Chief Judicial Magistrate.
- Whether the petitioner should be allowed to raise all points before the trial court at the appropriate stage.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 406, 409, 420
Subjects
- Criminal law
- Section 482 Cr.P.C.
- IPC Sections 406, 420, 409
- Quash order
- High Court inherent powers
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62688 of 2018
Arising Out of PS. Case No.-29 Year-2014 Thana- MADHUBANI TOWN District-
Madhubani
======================================================
Navin Kumar Son of Suresh Prasad Singh, resident of Village- Amahara
Bihta, P.S.- Bihta, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. The Bihar State Food and Civil Supplies Corporation through its Managing
Director.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prashant Sinha, Advocate.
For the Opposite Party/s : Smt. Reena Sinha, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 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
28.11.2016 passed by learned Chief Judicial Magistrate,
Madhubani in connection with G.R. No.209 of 2014 arising out
of Madhubani Town P.S. Case No.29 of 2014 by which
cognizance under Section 406, 420 & 409 of the I.P.C. has been
taken 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,
Patna High Court CR. MISC. No.62688 of 2018(3) dt.28-04-2026
2/2
before the learned Trial Court at appropriate stage in accordance
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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