Patna High Court
Dinesh Raut and OrsversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
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
- Criminal Procedure Code — s. Section 228, Section 482
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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