Patna High Court
Prince Kumar and AnrversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition is disposed of, granting the petitioners liberty to raise all points before the trial court as prayed for.
Summary
The petitioners, Prince Kumar and Sonu Kumar, filed an application seeking to quash the order dated 23.03.2017 of the Chief Judicial Magistrate, Bhagalpur, which had taken cognizance of offences under Sections 370(A)(ii) and 120B of the Indian Penal Code and Sections 3, 4, 5, 6 and 8 of the Immoral Traffic (Prevention) Act. They argued that the matter could be disposed of while allowing them to raise all points raised in the petition before the trial court at an appropriate stage. The State had no objection to this prayer. The Court, after hearing counsel, disposed of the petition, granting the petitioners the liberty to present their points before the trial court as sought. No substantive merits of the criminal charges were decided.
Issues considered
- Whether the order of the Chief Judicial Magistrate taking cognizance of the offences under IPC and ITPA should be quashed
- Whether the petitioners may be allowed to raise all points before the trial court at a later stage
Legislation cited
- Immoral Traffic (Prevention) Act — s. 3, 4, 5, 6, 8
- Indian Penal Code — s. 120B, 370(A)(ii)
Subjects
- quash order
- cognizance
- IPC
- Immoral Traffic (Prevention) Act
- criminal procedure
- liberty to raise points
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68255 of 2018
Arising Out of PS. Case No.-723 Year-2016 Thana- BHAGALPUR KOTWALI District-
Bhagalpur
======================================================
1. Prince Kumar Son of Ashok Mandal, resident of Village- Baidachak, P.S.-
Panjwara, District- Banka.
2. Sonu Kumar, Son of Subhash Pd. Sah, Resident of Mohalla- Railway
Colony, P.S.- Majahidpur, District- Bhagalpur.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Shashi Priya Pathak, Advocate
For the Opposite Party/s : Mr. Shantanu Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 14-05-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. This application has been filed for quashing the
order dated 23.03.2017 passed by learned Chief Judicial
Magistrate, Bhagalpur in Kotwali P.S. Case No.723 of 2016
whereby and whereunder the court concerned took cognizance
against the petitioners for the offence under Sections 370(A)(ii),
120B of I.P.C. and Sections 3, 4, 5 6 and 8 of Immoral Traffic
(Prevention) Act.
3.Learned counsel for the petitioners submits that this
case may be disposed of with liberty to the petitioners to take all
the points raised in this petition, before the learned Trial Court
Patna High Court CR. MISC. No.68255 of 2018(3) dt.14-05-2026
2/2
at appropriate stage.
4. Learned APP for the State has no objection to this
prayer of the petitioners.
5. In view of the above submission, this petition is
disposed of with the liberty as prayed for.
(Sunil Dutta Mishra, J)
Harish/-
U T
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