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Patna High Court

Dinesh Raut and OrsversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The petition was disposed of with liberty to the petitioners to raise all points before the trial court.

Summary

The petitioners filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an order dated 20‑08‑2018 of the Assistant Sessions Judge, Madhubani, which had rejected their earlier petition under Section 228 CrPC. They argued that they should be allowed to raise all points before the trial court at the appropriate stage. The State, represented by an Additional Public Prosecutor, raised no objection to this request. The High Court, after hearing counsel, granted the petitioners liberty to raise their points before the trial court as prayed. Consequently, the petition was disposed of, allowing the petitioners to proceed with their case in the trial court.

Issues considered

  • Whether the order of the Assistant Sessions Judge rejecting the Section 228 CrPC petition can be quashed under Section 482 CrPC
  • Whether the petitioners should be granted liberty to raise all points before the trial court

Legislation cited

Subjects

  • Section 482 CrPC
  • Section 228 CrPC
  • quash order
  • petition disposal
  • liberty to raise points
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.66256 of 2018
                    Arising Out of PS. Case No.-237 Year-2013 Thana- RAJNAGAR District- Madhubani
                 ======================================================
           1.     Dinesh Raut S/o Late Ram Charan Raut,
           2.    Bal Ram Prasad @ Bal Ram Raut, S/o Dinesh Raut,
           3.    Jagdish Raut @ Vilam, S/o Late Bahru Raut,
           4.    Santosh Prasad, S/o Jagdish Raut, All are R/o Village- Ranti (Brai Tola),
                 P.S.- Raj Nagar, District- Madhubani.

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    State Of Bihar
           2.    Chandra Kant Prasad, S/o Late Rameshwar Prasad, R/o Village- Ranti Barai
                 Tola, P.S.- Raj Nagar, District- Madhubani.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sanjay Kumar Jha, Advocate
                 For the Opposite Party/s :      Mr. Sri Ataur Rahman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

3   05-05-2026                    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 20.08.2018 passed by

                   the learned Asst. Sessions Judge, Madhubani in S.T. No. 370 of

                   2016 rejecting the petition dated 02.11.2016 filed under Section

                   228 Cr.P.C.

                                3. Learned counsel for the petitioners submits that this

                   case may be disposed of with liberty to the petitioners to raise

                   all the points before the Trial Court at the appropriate stage.
              Patna High Court CR. MISC. No.66256 of 2018(3) dt.05-05-2026
                                                          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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