Patna High Court
Rabindra Pathak and OrsversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The High Court exercised its inherent powers under Section 482 Cr.P.C. to dispose of the petition, granting the petitioners liberty to raise their points before the trial court.
Summary
The petitioners, a group of Pathak family members, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an order dated 08-06-2018 of the Additional Sessions Judge, Siwan, which dismissed their discharge petition filed under Section 227 Cr.P.C. The High Court considered whether the order dismissing the discharge petition could be set aside. Both the petitioners' counsel and the Additional Public Prosecutor for the State raised no objections to the petitioners' request for liberty to raise the points before the trial court. Consequently, the Court disposed of the petition, granting the petitioners liberty to pursue the matters before the trial court as prayed for. The petition was effectively allowed, and the matter was left to be addressed at the appropriate stage in the trial court.
Issues considered
- What is the appropriate jurisdiction of the High Court under Section 482 Cr.P.C. to quash the order dismissing a discharge petition filed under Section 227 Cr.P.C.?
Legislation cited
- Criminal Procedure Code — s. 227, 482
Subjects
- Criminal Procedure
- Section 482
- Section 227
- Discharge Petition
- Quash Order
- High Court
- Liberty to Petitioners
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63233 of 2018
Arising Out of PS. Case No.-228 Year-2016 Thana- HUSSAINGANJ District- Siwan
======================================================
1. Rabindra Pathak son of Mangal Pathak null
2. Pradeep Pathak son of Ashok Pathak
3. Suman Kumari daughter of Ashok Pathak
4. Subhawati Devi wife of Ashok Pathak
5. Ashok Pathak son of Mangal Pathak All are Residents of Village-
Machakana, Police Station- Hussainganj, District- Siwan.
... ... Petitioner/s
Versus
1. State Of Bihar
2. Upendra Pathak son of Late Sitaram Pathak, Resident of Village-
Machakana, Police Station- Hussainganj, District- Siwan.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Tiwary, Advocate
For the Opposite Party/s : Mr. Nawal Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 22-06-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The present petition has been filed under Section
482 Cr.P.C. for quashing the order dated 08.06.2018 passed by
the learned Additional Sessions Judge 3rd, Siwan in Sessions
Trial No. 569 of 2017, arising out of Hussainganj P.S. Case No.
228 of 2016 by which discharge petition filed by the petitioners
under Section 227 Cr.P.C. was dismissed.
3. Learned counsel for the petitioners submits that this
case may be disposed of with liberty to the petitioners to take all
Patna High Court CR. MISC. No.63233 of 2018(3) dt.22-06-2026
2/2
the points raised in the petition before the Trial Court at the
appropriate stage.
4. Learned A.P.P. for the State has no objection to this
prayer of the petitioners.
5. Accordingly, the present case is disposed of with
liberty to the petitioners, as prayed for.
(Sunil Dutta Mishra, J)
rakhi/-
U T
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