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Patna High Court

Saraswati Devi and OrsversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The application under Section 482 is disposed of, granting the petitioners liberty to present their arguments before the trial court.

Summary

The petitioners filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash an order dated 20‑12‑2016 of the Sub‑Divisional Judicial Magistrate, Hilsa, which had taken cognizance of offences under Sections 341, 323, 504, 34, 498A of the IPC and Sections 3 and 4 of the Dowry Prohibition Act. The trial court later reported that the case was pending for the appearance of the accused. The petitioners argued that the matter could be disposed of, allowing them to raise all points before the trial court at the appropriate stage, and the State’s Additional Public Prosecutor raised no objection. The High Court, after hearing counsel, disposed of the application, granting the petitioners liberty to present their arguments before the trial court as prayed. The order effectively leaves the substantive criminal proceedings pending while permitting the petitioners to pursue their defence in the trial court.

Issues considered

  • Whether the High Court can quash the order of the Sub‑Divisional Judicial Magistrate under Section 482 Cr.P.C.
  • Whether the petitioners should be allowed liberty to raise their points before the trial court instead of quashing the order

Legislation cited

Subjects

  • Criminal Procedure Code
  • Section 482
  • Quash order
  • Dowry Prohibition Act
  • IPC offences
  • Pending criminal case
  • Liberty to approach trial court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.67000 of 2018
                       Arising Out of PS. Case No.-109 Year-2016 Thana- CHANDI District- Nalanda
                 ======================================================
           1.     Saraswati Devi Wife of Sri Dilip Prasad
           2.    Dilip Prasad son of Late Raj Kumar Prasad
           3.    Saurabh Sinha Son of Sri Dilip Prasad All Resident of Mohalla-
                 Nuruddiganj,P.S. Malsalami,Patna City,Distt.-Patna
           4.    Ranjeet Singh @ Ranjeet Kumar Son of Mahesh Prasad Resident of
                 Fatuha,Near Bijli Office,P.S.Fatuha,Distt.-Patna

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar.
           2.    Ram Naresh Singh Son of Late Yugal Mahto Resident of Village-
                 Nawadah,P.S. Chandi,Distt.-Nalanda

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Prakash Chandra Agrawal, Advocate.
                 For the Opposite Party/s :       Mr. Md. Ashlam Ansari, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

3   12-05-2026                  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

                   20.12.2016 passed by Sub-Divisional Judicial Magistrate, Hilsa,

                   District Nalanda at Bihar Sharif in connection with Chandi P.S.

                   Case No.109 of 2016, G.R. No.790 of 2016, by which

                   cognizance under Sections 341, 323, 504/34 & 498A of the

                   I.P.C. & 3/4 of the Dowry Prohibition ACt has been taken

                   against the petitioners.
              Patna High Court CR. MISC. No.67000 of 2018(3) dt.12-05-2026
                                                          2/2




                                     3. Vide order dated 02.04.2026 a report regarding

                        status of case was called for, which was received vide dated

                        06.04.2026. As per the said report submitted by the learned Trial

                        Court, the case is pending for appearance of accused.

                                     4. After some argument, learned counsel for the

                        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.

                                     5. Learned APP for the State has no objection to this

                        prayer of the petitioners.

                                     6. 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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