Patna High Court
Arti DeviversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The application is disposed of with liberty to the petitioner to raise all points before the trial court.
Summary
Arti Devi filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash an order dated 17 July 2018 passed by the Additional District Judge, Kaimur. The petitioner argued that the matter should be disposed of by granting her liberty to raise all points before the trial court at the appropriate stage. The State's counsel raised no objection to this prayer. The High Court, after hearing both sides, disposed of the application and granted the petitioner the liberty to present her points before the trial court. No substantive merits of the original order were examined; the court merely allowed the procedural liberty sought.
Issues considered
- Whether the High Court can quash the order dated 17 July 2018 under Section 482 Cr.P.C.
- Whether the petitioner should be granted liberty to raise her points before the trial court.
Legislation cited
- Criminal Procedure Code — s. 482
Subjects
- Criminal Procedure
- Section 482
- Quash Order
- Miscellaneous Application
- Procedural Liberty
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67117 of 2018
Arising Out of PS. Case No.-876 Year-2016 Thana- BHABHU(KAIMUR) COMPLAIN C
District- Kaimur (Bhabua)
======================================================
Arti Devi Wife of Jyoti Kumar Ranjan, D/o Ram Raj Ram, Resident of
Village Minw, Police Station Sonohan, District Kaimur (Bhabua).
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Jyoti Kumar Ranjan.
3. Akhilesh Kumar Ranjan,
Both sons of Singashan Ram,
4. Singashan Ram Son of
5. Atwari Devi Wife of Singhashan Ram.
6. Nilam Devi Wife of Akhilesh Kumar.
7. Puja Kumari Wife of Jyoti Kumar Ranjan
All Resident of Village Minw, Police Station Sonhan, District Kaimur
(Bhabua).
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Satyendra Pandey
For the Opposite Party/s : Mr.Sri Arun Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 12-05-2026 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
17.07.2018 passed by learned Additional District Judge-I,
Kaimur at Bhabua in connection with S. Tr. No.377 of 2017
(arising out of Complaint Case No.876 of 2016).
3. After some argument, learned counsel for the
petitioner submits that this case may be disposed of with liberty
Patna High Court CR. MISC. No.67117 of 2018(3) dt.12-05-2026
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 petitioner.
5. In view of the above, the present Cr. Misc.
Application is disposed of with the liberty to the petitioner, as
prayed for.
(Sunil Dutta Mishra, J)
Ritik/-
U T
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