Patna High Court
SUNIL TIWARY @ SUNIL KUMAR TIWARI and ORSversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition is disposed of, granting the petitioners liberty to raise their points before the trial court.
Summary
The petitioners, five individuals from Siwan, filed an application under Sections 227 and 228 of the Criminal Procedure Code seeking to quash the order dated 07‑08‑2018 of the Additional District & Sessions Judge which had rejected their discharge petition. They requested liberty to raise all points raised in the petition before the trial court at an appropriate stage. The State of Bihar raised no objection to this request. The Patna High Court, after hearing counsel, disposed of the petition granting the petitioners the liberty to present their points before the trial court. No substantive merits of the discharge petition were decided; the order was procedural in nature.
Issues considered
- Whether the order rejecting the discharge petition under Sections 227 and 228 Cr.P.C. can be quashed
- Whether the petitioners may be permitted to raise the points raised in the petition before the trial court
Legislation cited
- Criminal Procedure Code — s. 227, 228
Subjects
- Criminal Procedure
- Discharge Petition
- Section 227 CrPC
- Section 228 CrPC
- Quash Order
- Procedural Liberty
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68628 of 2018
Arising Out of PS. Case No.-123 Year-2017 Thana- BHAGWANPUR HAT District- Siwan
======================================================
1. Sunil Tiwary @ Sunil Kumar Tiwari Son of Lalan Tiwary
2. Vikash Kumar @ Vikash Kumar Tiwari @ Vikash Tiwari Son of Lalan
Tiwary
3. Avinash Tiwary @ Abinash Tiwari @ Avinash Kumar Tiwary Son of
Bhagwan Tiwary
4. Pankaj Tiwary @ Pankaj Kumar Tiwary Son of Virendra Tiwary
5. Virendra Tiwary @ Birendra Tiwary Son of Munsi Tiwary
All Resident of Village-Arua, Police Station-Bhagwanpur Hat, Distt.-Siwan
... ... Petitioner/s
Versus
1. State Of Bihar
2. Kashinath Tiwary Son of Munsi Tiwary
All Resident of Village-Arua,Police Station-Bhagwanpur Hat,Distt.-Siwan
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Umesh Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Manoj Kumar – 1, 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 07.08.2018 passed by learned Additional District &
Sessions Judge III, Siwan in S. Tr. No.139 of 2018 arising out of
Bhagwanpur P.S. Case No.123 of 2017 whereby and
whereunder the court concerned was pleased to reject the
discharge petition of the petitioners filed under Sections 227 and
228 of the Cr.P.C.
Patna High Court CR. MISC. No.68628 of 2018(3) dt.14-05-2026
2/2
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
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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