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Patna High Court

Shamsher Alam @ Md. Shamsher Alam and OrsversusThe State Of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court disposed of the petition, granting the petitioners liberty to approach the trial court with their points, effectively quashing the order rejecting the discharge petition.

Summary

The petitioners Shamsher Alam, Jamila Khatoon and Hajra Khatoon filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an order dated 12 June 2018 passed by the Additional District Judge‑II, Gaya, which had rejected their discharge petition filed under Section 227 CrPC in Rampur Police Station Case No. 163 of 2013. The petition argued that the rejection should be set aside and the matter should be allowed to be raised before the trial court. The State of Bihar raised no objection to the relief sought. The Patna High Court, after hearing counsel, disposed of the petition by granting the petitioners liberty to present all points raised in their petition before the trial court at the appropriate stage. No substantive merits of the discharge petition were decided; the order was simply set aside pending further proceedings before the trial court.

Issues considered

  • Whether the order of the Additional District Judge rejecting the discharge petition under Section 227 CrPC can be quashed under Section 482 CrPC.

Legislation cited

Subjects

  • Criminal Procedure
  • Section 482
  • Section 227
  • Discharge Petition
  • Quash Order
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.63579 of 2018
                        Arising Out of PS. Case No.-163 Year-2013 Thana- RAMPUR District- Gaya
                 ======================================================
           1.     Shamsher Alam @ Md. Shamsher Alam S/o late Md. Yusin
           2.    Jamila Khatoon W/o Shamsher Alam
           3.    Hajra Khatoon W/o late Md. Nijamuddin R/o New Madarsa Manpur Pehani,
                 P.S. Buniyadganj, District- Gaya.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State Of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dr. Satyendra Kumar Srivastava, Advocate
                 For the Opposite Party/s :       Mr. Rajendra Nath Jha, 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 12.06.2018 passed by

                   the learned A.D.J.-II, Gaya in S.T. No. 62 of 2017/ 405 of 2017,

                   arising out of Rampur P.S. Case No. 163 of 2013 by which

                   discharge petition filed by the petitioners under Section 227

                   Cr.P.C. was rejected.

                                3. Learned counsel for the petitioners submits that this

                   case may be disposed of with liberty to the petitioners to take all

                   the points raised in the petition before the Trial Court at the

                   appropriate stage.
              Patna High Court CR. MISC. No.63579 of 2018(3) dt.22-06-2026
                                                          2/2




                                     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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