Patna High Court
Rajkishore Dubey and OrsversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The High Court disposed of the application, granting the petitioners liberty to raise all points before the trial court as prayed for.
Summary
The petitioners Rajkishore Dubey, Jhuna Dubey and Munna Dubey filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash an order dated 07-07-2018 passed by the Fast Track Court, which had refused to discharge them in a case involving offences under Sections 341, 323, 324, 325, 307, 379 and 448/34 of the Indian Penal Code. The petitioners argued that the trial court should be allowed to consider the points raised in their petition at an appropriate stage of the proceedings. The State, represented by an Additional Public Prosecutor, raised no objection to the petitioners' request. The High Court, after hearing counsel, granted the petitioners liberty to present all points before the trial court in accordance with law. Consequently, the criminal miscellaneous application was disposed of, allowing the petitioners to proceed with their arguments in the trial court.
Issues considered
- Whether the order of the Fast Track Court refusing to discharge the petitioners can be quashed under Section 482 of the Criminal Procedure Code.
- Whether the petitioners should be permitted to raise all points before the trial court at an appropriate stage.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 307, 323, 324, 325, 341, 379, 448/34
Subjects
- Criminal Procedure
- Section 482
- Quash Order
- Fast Track Court
- Discharge Petition
- Trial Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66487 of 2018
Arising Out of PS. Case No.-299 Year-2012 Thana- KUCHAIKOTE District- Gopalganj
======================================================
1. Rajkishore Dubey Son of Late Vishwanath Dubey,
2. Jhuna Dubey, Son of Rajkishore Dubey,
3. Munna Dubey, Son of Shiv Shankar Dubey, All resident of Village-
Narayanpur, P.S.- Kuchaikot, District- Gopalganj.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Anirudh Ojha, Son of Late Rampyare Ojha, Resident of Village-
Narayanpur, P.S.- Kuchaikot, District- Gopalganj.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saket Tiwary, Advocate.
For the Opposite Party/s : Mr. Shantanu Kumar, A.P.P.
======================================================
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 Cr. Misc. Application has been filed
under Section 482 of Cr.P.C. for quashing the order dated
07.07.2018 passed by learned Fast Track Court, IInd, Gopalganj
in connection with Kuchaikot P.S. Case No.299 of 2012,
Sessions Trial No.834 of 2016 by which learned Court
concerned had refused to discharge the petitioners for offence
punishable under Sections 341, 323, 324, 325, 307, 379,
448/34of the I.P.C.
3. After some argument, learned counsel for the
Patna High Court CR. MISC. No.66487 of 2018(3) dt.05-05-2026
2/2
petitioners submits that this case may be disposed of with liberty
to the petitioners to take all the points as raised in the petition,
before the learned Trial Court at appropriate stage in accordance
with law.
4. Learned APP for the State has no objection to this
prayer of the petitioners.
5. In view of the above, the present Cr. Misc.
Application is disposed of with the liberty to the petitioners, as
prayed for.
(Sunil Dutta Mishra, J)
Ritik/-
U T
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