Patna High Court
Kanti Devi @ Punam Devi and OrsversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The application is disposed of, granting the petitioners liberty to raise all issues before the trial court as prayed for.
Summary
The petitioners filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash an order dated 30 January 2017 passed by the Chief Judicial Magistrate-II, Danapur. The trial court report indicated that five of the ten charge-sheeted witnesses, including the informant, had been examined. The petitioners argued that the case could be disposed of, allowing them to raise all issues before the trial court at the appropriate stage. The State, represented by an A.P.P., raised no objection to this request. Considering the submissions, the High Court disposed of the application, granting the petitioners liberty to raise their issues in the trial court as prayed for.
Issues considered
- Whether the High Court should quash the order of the Chief Judicial Magistrate under Section 482 Cr.P.C.
- Whether the petitioners should be allowed to raise all issues before the trial court at a later stage.
Legislation cited
- Criminal Procedure Code — s. 482
Subjects
- Criminal Procedure
- Section 482
- Quash Order
- Trial Court
- Liberty to Raise Issues
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63009 of 2018
Arising Out of PS. Case No.-122 Year-2014 Thana- DULHIN BAZAR District- Patna
======================================================
1. Kanti Devi @ Punam Devi and Ors Wife of Vijiay Kumar,
2. Vijay Kumar @ Vijay Kumar Singh, Son of late Jagdish Singh,
3. Shailendra Kumar @ Shailendra Kumar Singh, Son of Vijay Kumar, All
Resident of Village- Achhua, Police Station- Dulhin Bazar, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Awdhesh Singh, Son of Late Jagdish Singh, Resident of Village and P.O.-
Achhua, Police Station- Dulhin Bazar, District- Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Surendra Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Binod Kumar 2, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 07-07-2026 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
30.01.2017 passed by learned Chief Judicial Magistrate-II,
Danapur, Patna in Dulhin Bazar P.S. Case No.122 of 2014.
3. As per the report received from the learned Trial
Court dated 24.04.2026, five witnesses have been examined in
this case out of total 10 charge-sheeted witnesses including the
informant of the case.
4. Learned counsel for the petitioners submits that this
Patna High Court CR. MISC. No.63009 of 2018(3) dt.07-07-2026
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case may be disposed of with the liberty to the petitioners to
raise all the issues in this petition before the learned Trial Court
at the appropriate stage in accordance with law.
5. Learned A.P.P. for the State has no objection to this
prayer of the petitioners.
6. Considering the submissions of learned counsel for
the parties, the present Cr. Misc. Application stands disposed of
with the liberty to the petitioner, as prayed for.
(Sunil Dutta Mishra, J)
Utkarsh.k/-
U T
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