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Patna High Court

Pramod Singh and OrsversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The application under Section 482 is disposed of, granting the petitioners liberty to raise their points before the trial court, and the order of the SDJM is not quashed.

Summary

The petitioners filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash an order dated 07-08-2018 passed by the SDJM, Nalanda, which had taken cognizance of offences under Sections 498(A), 323, 504/34 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act. The High Court examined the status of the trial, noting that the case was pending at the stage of argument. The petitioners argued that the matter could be disposed of by allowing them to raise all points before the trial court at the appropriate stage. The State, through the Additional Public Prosecutor, raised no objection to the petitioners' prayer. Consequently, the Court disposed of the application, granting the petitioners liberty to present their arguments before the trial court, without quashing the earlier order.

Issues considered

  • Whether the High Court can quash the trial court's order under Section 482 of the Cr.P.C. in the present circumstances
  • Whether the petitioners have a substantive ground to seek dismissal of the cognizance taken under the specified IPC and Dowry Prohibition Act provisions

Legislation cited

Subjects

  • Section 482 CrPC
  • quash order
  • cognizance
  • IPC offences
  • Dowry Prohibition Act
  • criminal miscellaneous application
  • high court discretion

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.67269 of 2018
                     Arising Out of PS. Case No.-136 Year-2016 Thana- MAHILA P.S. District- Nalanda
                 ======================================================
           1.     Pramod Singh Son of Jamindar Singh
           2.    Puja Devi D/o Pramod Singh
           3.    Chandan Kumar Son of Pramod Singh
           4.    Tunni Devi Wife of Pramod Singh All are Resident of Village-Par Nawada
                 Nim Tola,P.S. Bundelkhand O.P. Distt.-Nawada.

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar.
           2.    Guriya Devi D/o Dayanand Prasad Resident of Village-Sakrama,P.S.
                 Asthama,Distt.-Nalanda

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Pramod Kumar Verma, Advocate.
                 For the Opposite Party/s :        Mr. Jai Narain Thakur, 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

                   07.08.2018 passed by learned S.D.J.M., Nalanda at Biharsharif

                   in connection with Mahila P.S. Case No.136 of 2016 by which

                   cognizance under Sections 498(A), 323, 504/34 of the I.P.C. and

                   Section 3/4 of the Dowry Prohibition Act has been taken against

                   the petitioners.

                                3. Vide order dated 06.04.2026 a report regarding
              Patna High Court CR. MISC. No.67269 of 2018(3) dt.12-05-2026
                                                          2/2




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

                        No.25 dated 10.04.2026. As per the said report submitted by the

                        learned Trial Court, the case is pending at the stage of argument.

                                     3. 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.

                                     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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