Patna High Court
Adyanand Singh @ Adhyanand Singh and OrsversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court disposed of the application, granting the petitioners liberty to raise all points before the trial court as prayed for.
Summary
The petitioners, Adyanand Singh, Sarvanand Singh and Lal Bihari, filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash an order dated 06-10-2017 passed by the ADJ‑I‑cum‑Special Judge of the SC/ST Act, Aurangabad, which had taken cognizance of offences under IPC sections 341, 323, 504, 349 and Section 3(i)(r)(3) of the SC/ST Act. The petitioners argued that the matter should be allowed to be taken up before the trial court at the appropriate stage. The State of Bihar raised no objection to the prayer. The High Court, after hearing counsel, disposed of the application, granting the petitioners liberty to raise all points before the trial court as prayed for.
Issues considered
- Whether a criminal miscellaneous application under Section 482 Cr.P.C. can be entertained to quash the order of the Special Judge taking cognizance of offences.
- Whether the petitioners may be permitted to raise all points before the trial court at the appropriate stage.
Legislation cited
- Criminal Procedure Code — s. 482
- Indian Penal Code — s. 323, 341, 349, 504
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(i)(r)(3)
Subjects
- Criminal Procedure
- Section 482
- Quash Order
- SC/ST Act
- IPC offences
- High Court
- Liberty to raise points
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66962 of 2018
Arising Out of PS. Case No.-126 Year-2017 Thana- DAUDNAGAR District- Aurangabad
======================================================
1. Adyanand Singh @ Adhyanand Singh.
2. Sarvanand Singh Both are son of Rameshwar Singh
3. Lal Bihari @ Lal Bihari Singh Son of Adyanand Singh @ Adhyanand Singh
All are Resident of Village-Nav Ratan Chank,P.S.-Daudnagar,Distt.-
AurangabadBihar
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Birendra Kumar Singh, Advocate.
For the Opposite Party/s : Mr. Sadanand Paswan, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
4 29-06-2026 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
06.10.2017 passed by learned ADJ-I-cum-Special Judge SC/ST
Act, Aurangabad in connection with G.R. No.224 of 2017
arising out of Daudnagar P.S. Case No.126 of 2017 by which
cognizance under Section 341, 323, 504, 349 of the I.P.C. and
Section 3(i)(r)(3) of SC/ST Act has been taken against the
petitioners.
3. After some argument, learned counsel for the
petitioners submits that this case may be disposed of with liberty
Patna High Court CR. MISC. No.66962 of 2018(4) dt.29-06-2026
2/2
to the petitioner 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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