Patna High Court
Shafiul HaqueversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court disposed of the criminal miscellaneous application, granting the petitioner liberty to raise all issues before the trial court at the appropriate stage.
Summary
The petitioner, a former SDPO and now a military police commandant, filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash an order dated 17 September 2018 passed by the Sub-Divisional Judicial Magistrate in a complaint case. The order pertained to transaction No. 691 of 2018 arising from a 2011 complaint. The trial court had scheduled a statement of the accused under Section 313 CrPC. The petitioner argued that the matter could be disposed of by allowing him to raise all issues before the trial court at the appropriate stage. The State did not oppose this prayer. The High Court, after hearing both sides, disposed of the application, granting the petitioner liberty to raise the issues before the trial court as prayed.
Issues considered
- What is the scope of the inherent powers under Section 482 CrPC to quash an order of a lower court?
- Whether the petitioner should be allowed to raise all issues before the trial court instead of seeking quash of the order.
Legislation cited
- Criminal Procedure Code — s. 313, 482
Subjects
- Criminal Procedure
- Section 482
- Quashing order
- Statement of accused
- Inherent powers of court
- Petition disposal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66262 of 2018
Arising Out of PS. Case No.-32 Year-2011 Thana- SITAMARHI COMPLAINT CASE
District- Sitamarhi
======================================================
Shafiul Haque Son of Md. Zahoorul Haque, resident of Saket Enclave,
Khajpura, P.S.- Shastri Nagar, District-Patna, the then S.D.P.O., Pupri,
Sitamarhi, Presently Commandant, Bihar Military Police, Jamui.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Sushil Kumar Chaudhry, Son of Late Kishori Choudhary, resident of
Mohalla- Rajbagh, Ward No. 7, Pupri Nagar Panchayat, P.S.- Pupri, District-
Sitamarhi.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashhar Mustafa, Advocate
For the Opposite Party/s : Mr. Shantanu Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 07-07-2026 Heard learned counsel for the petitioner 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
17.09.2018 passed by learned S.D.J.M., Pupri, Sitamarhi in
connection with Tr. No.691 of 2018 arising out of Complaint
Case No. C1-32 of 2011.
3. As per the report received from the learned Trial
Court dated 17.04.2026, the record is fixed for statement of
accused persons under section 313 of Cr.P.C.
4. Learned counsel for the petitioner submits that this
Patna High Court CR. MISC. No.66262 of 2018(3) dt.07-07-2026
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case may be disposed of with the liberty to the petitioner 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 petitioner.
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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