Patna High Court
Bunni Lal Sah and OrsversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition to quash the order taking cognizance was allowed, with liberty to the petitioners to raise objections in the trial court.
Summary
The petitioners, four residents of Mathia Khas, filed a petition in the Patna High Court seeking to quash an order taking cognizance dated 14 December 2017 passed by the Additional Chief Judicial Magistrate-VII, Gopalganj. The order had initiated criminal proceedings in case No. 83 of 2017. The petitioners argued that the order should be set aside and requested liberty to raise all their objections at the appropriate stage in the trial court. The State of Bihar, represented by an Additional Public Prosecutor, raised no objection to the petitioners' prayer. The Court, after hearing counsel, accepted the petitioners' request and disposed of the petition, granting them liberty to pursue their objections in the trial court. No substantive merits of the underlying criminal case were addressed.
Issues considered
- Whether the order taking cognizance dated 14-12-2017 can be quashed.
- Whether the petitioners may be granted liberty to raise objections in the trial court.
Subjects
- quash order
- cognizance
- criminal procedure
- petition
- liberty to raise objections
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63005 of 2018
Arising Out of PS. Case No.-83 Year-2017 Thana- KUCHAIKOTE District- Gopalganj
======================================================
1. Bunni Lal Sah S/o Late Gujeshwar Sah,
2. Dhurendra Choudhary S/o Ram Raj Choudhary,
3. Sanjay Yadav @ Sanjay Choudhary, S/o Late Mukhdeo Choudhary,
4. Chandrika Bhagat @ Chandrika Prasad, S/o Late Roshan Bhagat,
All are residents of Vill.- Mathia Khas, P.S.- Kuchaikot, Distt.- Gopalganj.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Amerika Prasad, S/o Late Nagina Prasad, resident of Village- Mathia Khas,
P.S.- Kuchaikot, Dist.- Gopalganj.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Upadhyay, Advocate
For the Opposite Party/s : Mr. Rajendra Nath Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 23-04-2026 Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. This petition has been filed for quashing the order
taking cognizance dated 14.12.2017 passed by learned
Additional Chief Judicial Magistrate-VII, Gopalganj in
Kuchaikot P.S. Case No. 83 of 2017, Tr. No. 1961 of 2018 (G.R.
Case No. 1176 of 2017).
3. After some arguments, learned counsel for the
petitioners submits that this case may be disposed of with liberty
to the petitioners to take all the objections in the Trial Court at
Patna High Court CR. MISC. No.63005 of 2018(2) dt.23-04-2026
2/2
appropriate stage.
4. Learned A.P.P. for the State has no objection to this
prayer of the petitioners.
5. In view of the submission of learned counsel for the
petitioners, this case stands disposed of with liberty to the
petitioners, as prayed for.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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