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Patna High Court

Bunni Lal Sah and OrsversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

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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