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Patna High Court

Parash Nath and OrsversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The court held that the petition may be disposed of with liberty to the petitioners to raise all points before the trial court at the appropriate stage.

Summary

The petitioners, a group of individuals from Tehta Bazar, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an order dated 20-12-2017 passed by the Sub‑divisional Judicial Magistrate, Jehanabad, which had taken cognizance of offences under Sections 147, 149, 341, 323 and 504 of the Indian Penal Code. The petition raised the question of whether the order could be set aside at the pre‑trial stage. The State, represented by the Assistant Public Prosecutor, raised no objection to the petitioners’ request for liberty to raise all points before the trial court. Justice Sunil Dutta Mishra, after hearing counsel, disposed of the petition, granting the petitioners liberty to present their arguments at the appropriate stage before the trial court. Consequently, the order of the magistrate was not immediately quashed, but the petition was allowed to proceed with the stipulated liberty.

Issues considered

  • Whether a petition under Section 482 CrPC for quashing a magistrate's order can be disposed of by granting liberty to raise points before the trial court.

Legislation cited

Subjects

  • CrPC 482
  • quash order
  • criminal procedure
  • cognizance
  • IPC offences
  • judicial discretion
  • pre‑trial petition

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.68275 of 2018
                   Arising Out of PS. Case No.-96 Year-2017 Thana- MAKHDUMPUR District- Jehanabad
                 ======================================================
           1.     Parash Nath Son of Late Muni Lal,
           2.    Amar Nath, Son of Late Muni Lal
           3.    Baiju Nath, Son of Late Muni Lal,
           4.    Basuki Nath, Son of Late Muni Lal,
           5.    Sanju @ Sarju Prasad @ Sarju Tamrakar, Son of Late Muni Lal,
           6.    Chhotu Kumar, Son of Prakash Nath.
           7.    Sanjay Kumar, Son of Prakash Nath.
           8.    Deepak Kumar, Son of Prakash Nath.
           9.    Manoj Kumar, Son of Prakash Nath.
           10. Kurun Kumar @ Kuru, Son of Prakash Nath.
           11. Gopal Kumar, Son of Amar Nath,
           12. Biru Kumar, Son of Amar Nath,
           13. Sonu Kumar, Son of Baiju Nath,
           14. Lakhan Kumar, Son of Sanju Prasad @ Sarju Tamrakar.
           15. Bharat Kumar, Son of Sanju Prasad @ Sarju Tamrakar.
           16. Ramjee Kumar, Son of Sanju Prasad @ Sarju Tamrakar.
           17. Suresh Thathera @ Suresh Pd. Son of Late Ramprit Ram, All are Resident of
               Village- Tehta Bazar, P.S.- Makhdumpur, District- Jehanabad.

                                                                                ... ... Petitioner/s
                                                      Versus
           1.    State Of Bihar
           2.    Kiran Devi, S/o Late Sanju Sao, Resident of Village- Durga Ashthan Tehta
                 Bazar, P.S.- Tehta, District- Jahanabad.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Jharkhandi Upadhyay, Advocate
                 For the Opposite Party/s :      Mr. Arun Kumar Singh -5, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   07-04-2026                    Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. The present petition has been filed under Section
              Patna High Court CR. MISC. No.68275 of 2018(2) dt.07-04-2026
                                                          2/2




                        482 Cr.P.C. for quashing the order dated 20.12.2017 passed by

                        the learned Sub-divisional Judicial Magistrate, Jehanabad in

                        Tehta (Makhdumpur) P.S. Case No. 96 of 2017, Tr. No. 1727 of

                        2018 by which cognizance was taken against the petitioners

                        under Sections 147, 149, 341, 323, 504 of the I.P.C.

                                     3. Learned counsel for the petitioners submits that this

                        case may be disposed of with liberty to take all the points raised

                        in the petition before the Trial Court at the appropriate stage.

                                     4. Learned A.P.P. for the State has no objection to this

                        prayer of the petitioners.

                                     5. Accordingly, the present case is disposed of with

                        liberty to the petitioners, as prayed for.



                                                (Sunil Dutta Mishra, J)
rakhi/-

U         T


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