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Patna High Court

Binod Paswan and OrsversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The High Court declined to quash the lower court’s order and instead disposed of the petition, granting the petitioners liberty to raise their points before the trial court.

Summary

The petitioners, a group of relatives, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an order dated 09‑08‑2018 of the Additional Chief Judicial Magistrate V, Vaishali, which had rejected their discharge petition in Complaint Case No. 3129 of 2008. The High Court examined the petition and noted that the matter was scheduled for argument before the trial court. The petitioners requested liberty to raise all points before the trial court at the appropriate stage, a request to which the State did not object. The Court, after hearing counsel, disposed of the petition, granting the petitioners liberty to present their arguments before the trial court. No substantive interference with the lower court’s order was made.

Issues considered

  • What is the scope of the High Court’s power under Section 482 Cr.P.C. to quash an order rejecting a discharge petition?

Legislation cited

Subjects

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

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.66492 of 2018
                     Arising Out of PS. Case No.-3129 Year-2008 Thana- VAISALI COMPLAINT CASE
                                                     District- Vaishali
                 ======================================================
           1.     Binod Paswan Son of Jugal Paswan,
           2.    Jugal Paswan, Son of Khakhan Paswan,
           3.    Om Prakash Paswan, Son of Jugal Paswan,
           4.    Pramod Paswan, Son of Jugal Paswan, All residents of Village- Khapura,
                 Sultanpur, Police Station- Bidupur, District- Vaishali.

                                                                              ... ... Petitioner/s
                                                     Versus
           1.    State Of Bihar
           2.    Sita Devi, Wife of Binod Paswan, Resident of Village- Khapura, Sultanpur,
                 Police Station- Bidupur, District- Vaishali.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Manoj Kumar, Advocate
                 For the Opposite Party/s :     Mr. Rajesh Kumar, 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 09.08.2018 passed by

                   the learned Additional Chief Judicial Magistrate V, Vaishali,

                   Hajipur in connection with T.R. No. 883 of 2018, arising out of

                   Complaint Case No. 3129 of 2008 by which discharge petition

                   filed by the petitioners was rejected.

                                3. As per the report received from the Court

                   concerned, vide Letter No. 70/2026 dated 22.04.2026,
              Patna High Court CR. MISC. No.66492 of 2018(3) dt.05-05-2026
                                                          2/2




                        Complaint Case No. 3129 of 2008 is fixed for argument.

                                     4. 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.

                                     5. Learned A.P.P. for the State has no objection to this

                        prayer of the petitioners.

                                     6. 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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