Patna High Court
MANJU KUMARI @ MANJU DEVIversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
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
2/2
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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