Patna High Court
Basudeo DasversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court disposed of the criminal miscellaneous application, granting the petitioner liberty to raise his points before the trial court.
Summary
Basudeo Das filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash a June 1, 2018 order of the Judicial Magistrate, Ist Class, Begusarai, which had taken cognizance of offences under Sections 420 and 409 of the Indian Penal Code. The petitioner argued that the order should be set aside and that he be allowed to raise all points raised in his petition before the trial court. The State did not oppose the relief sought. The Patna High Court, after hearing counsel, disposed of the application, granting the petitioner liberty to present his arguments before the trial court at the appropriate stage. No substantive merits of the underlying offences were decided.
Issues considered
- Whether the order of the Judicial Magistrate taking cognizance under Sections 420 and 409 IPC can be quashed under Section 482 CrPC
- Whether the petitioner should be permitted to raise all points before the trial court
Legislation cited
- Criminal Procedure Code — s. 482
- Indian Penal Code — s. 409, 420
Subjects
- Criminal Procedure
- Section 482
- Quash Order
- Cheating
- Criminal Breach of Trust
- High Court
- Liberty to Raise Points
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67125 of 2018
Arising Out of PS. Case No.-55 Year-2017 Thana- CHERIYA BARIYARPUR District-
Begusarai
======================================================
Basudeo Das Son of Late Dhani Das, Resident of Rohini, P.S.- Jasidih,
District- Deoghar, Jharkhand.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Bihar State Food and Civil Supply Corporation Ltd, Khadya Bhawan,
Daroga Rai Path, R. Block, Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Subodh Kumar Jha, Advocate.
Mr. Pranav Kumar Jha, Advocate.
For the Opposite Party/s : Mr. Parmeshwar Mehta, A.P.P.
======================================================
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
01.06.2018 passed by learned Judicial Magistrate, Ist Class,
Begusarai in connection with Cheriya Bariyarpur P.S. Case
No.55 of 2017 by which cognizance under Sections 420 & 409
of the I.P.C. has been taken against the petitioner.
3. After some argument, learned counsel for the
petitioner submits that this case may be disposed of with liberty
to the petitioner to take all the points as raised in the petition,
before the learned Trial Court at appropriate stage in accordance
Patna High Court CR. MISC. No.67125 of 2018(3) dt.12-05-2026
2/2
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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