Patna High Court

Manoj Kumar ChaudharyversusState Of Bihar and Anr

Decided: 9 April 2026
Disposal: DISPOSED
Bench: SUNIL DUTTA MISHRA

Holding

The petition is disposed of with liberty to the petitioner to approach the concerned authority, without quashing the impugned orders.

Summary

Manoj Kumar Chaudhary filed a petition under Section 482 CrPC seeking to quash the orders dated 11 September 2018 and 12 September 2018 passed by the Additional Chief Judicial Magistrate‑XIV, Hajipur in case No. 354 of 2018. The petitioner argued that the orders were erroneous and that he should be allowed to approach the appropriate authority for relief. The State, represented by an Additional Public Prosecutor, raised no objection to the petitioner's prayer. After hearing both sides, the Court noted that there was no substantive dispute and that the petitioner could seek the appropriate remedy without interference. Consequently, the Court disposed of the petition, granting the petitioner liberty to take the necessary steps before the concerned authority.

Issues considered

Whether the orders dated 11.09.2018 and 12.09.2018 passed by the Additional Chief Judicial Magistrate can be quashed under Section 482 of the CrPC.

Subjects

quash petition
Criminal Procedure Code
Section 482
magistrate orders
petition disposal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.68550 of 2018
                       Arising Out of PS. Case No.-354 Year-2018 Thana- BIDUPUR District- Vaishali
                 ======================================================
                 Manoj Kumar Chaudhary S/o Late Dinesh Chaudhary, Resident of Village
                 and P.O.- Rahimapur, P.S.- Bidupur, District- Vaishali.

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Avinash Kumar Jha @ Gabbar, S/o Arvind Jha, Resident of Village and P.O.-
                 Rahimapur, P.S.- Bidupur, District- Vaishali.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Satya Prakash Sinha, Advocate
                 For the Opposite Party/s :        Mr. Ajit Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   09-04-2026                     Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. This petition has been filed for quashing the orders

                   dated 11.09.2018 and 12.09.2018 passed by learned Additional

                   Chief Judicial Magistrate-XIV, Hajipur, Vaishali in Bidupur P.S.

                   Case No. 354 of 2018.

                                3. After some arguments, learned counsel for the

                   petitioner submits that this case may be disposed of with liberty

                   to the petitioner to take appropriate steps for his remedy before

                   the concerned authority in accordance with law.

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

                   prayer of the petitioner.
            Patna High Court CR. MISC. No.68550 of 2018(2) dt.09-04-2026
                                                        2/2




                                   5. In view of the submissions of learned counsel for

                      the parties, this case stands disposed of with liberty to the

                      petitioner, as prayed for.



                                              (Sunil Dutta Mishra, J)
utkarsh/-

U       T

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