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Patna High Court

MANJU KUMARI @ MANJU DEVIversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

Holding

The petition was disposed of, granting the petitioner liberty to raise objections in the trial court as prayed.

Summary

Manju Kumari filed a petition under Criminal Miscellaneous proceeding seeking to quash an order dated 27 August 2018 passed by the Additional Chief Judicial Magistrate‑XI, Vaishali. The petitioner argued that the order could be set aside and that she should be permitted to raise all objections in the trial court at the appropriate stage. The State of Bihar, represented by an Additional Public Prosecutor, raised no objection to the petitioner's prayer. The learned judge considered the submissions of both counsel and found no impediment to granting the relief sought. Consequently, the court disposed of the petition, granting the petitioner liberty to take all objections in the trial court as prayed for.

Issues considered

  • Whether the order dated 27-08-2018 passed by the Additional Chief Judicial Magistrate can be quashed
  • Whether the petitioner should be granted liberty to raise objections in the trial court

Subjects

  • quash order
  • criminal miscellaneous
  • liberty to raise objections
  • high court
  • procedural relief

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.68661 of 2018
                       Arising Out of PS. Case No.-47 Year-2017 Thana- JANDAHA District- Vaishali
                 ======================================================
                 Manju Kumari @ Manju Devi W/o Shatrughan Jha, resident of Village-
                 Kamtaul, P.S.- Tajpur, District- Samastipur.

                                                                                   ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Purnima Devi W/o Late Deo Shankar Jha, resident of Village- Barbatta, P.S.-
                 Jandaha, District- Vaishali.
           3.    Usha Devi W/o Ashok Jha,
           4.    Amit Kumar, S/o Ashok Jha, Both are residents of Village- Rudauli, P.S.-
                 Muffassil Samastipur, District- Vaishali, at present residing at Village-
                 Barbatta, P.S.- Jandaha, District- Vaishali.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Angad Kunwar, Advocate
                 For the Opposite Party/s :        Mr. Shailendra Kumar -1, 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 order

                   dated 27.08.2018 passed by learned Additional Chief Judicial

                   Magistrate-XI, Vaishali at Hajipur in Jandaha P.S. Case No. 47

                   of 2017, G.R. No. 1392 of 2017, Tr. No. 2488 of 2018.

                                3. Learned counsel for the petitioner submits that this

                   case may be disposed of with liberty to the petitioner to take all

                   the objections in the Trial Court at appropriate stage.

                                4. Learned A.P.P. for the State has no objection to this
            Patna High Court CR. MISC. No.68661 of 2018(2) dt.09-04-2026
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                      prayer of the petitioner.

                                   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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