Patna High Court
Em AslamversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition was disposed of, granting the petitioner liberty to raise the points before the trial court.
Summary
The petitioner, Em Aslam, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an order dated 09 July 2018 passed by the Chief Judicial Magistrate of Katihar, which had taken cognizance against him under Sections 406, 420, 467 and 468 of the Indian Penal Code. The petitioner requested that the case be allowed to proceed with liberty to raise all points raised in the petition before the trial court at the appropriate stage. The State of Bihar, represented by an Additional Public Prosecutor, raised no objection to this prayer. Justice Sunil Dutta Mishra considered the petition and, finding no impediment, disposed of the petition granting the petitioner the liberty sought. Consequently, the order of the Chief Judicial Magistrate was not quashed, but the petitioner was permitted to present his arguments before the trial court.
Issues considered
- Whether the order of the Chief Judicial Magistrate taking cognizance under Sections 406, 420, 467 and 468 IPC can be quashed under Section 482 Cr.P.C.
- Whether the petitioner should be granted liberty to raise the points raised in the petition before the trial court.
Legislation cited
- Criminal Procedure Code — s. 482
- Indian Penal Code — s. 406, 420, 467, 468
Subjects
- Criminal Procedure
- Section 482
- Quash Order
- Indian Penal Code
- Cognizance
- Trial Court
- Liberty to raise points
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68673 of 2018
Arising Out of PS. Case No.-21 Year-2018 Thana- KATIHAR NAGAR District- Katihar
======================================================
Em Aslam son of Sk. Reyasat Hussain, Resident of Choudhary Mohalla Near
Milan Chowk, Ward No. 26, Katihar Sahayak, P.S. and P.O. Katihar, District-
Katihar. At present resident of Sector 4-F, Bokaro Steel City, P.S.- Bokaro,
Jharkhand Pin Code 827004.
... ... Petitioner/s
Versus
1. State Of Bihar
2. Jeetendra Kumar Singh, son of Bharat Singh, Resident of Laliyahi OT Para,
Ward No. 13, Quarter No. 577, P.O. Katihar, Police Station- Katihar
Sahayak, District- Katihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md. Shahab Khalil, Advocate
For the Opposite Party/s : Smt Renu Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 14-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The present petition has been filed under Section
482 Cr.P.C. for quashing the order dated 09.07.2018 passed by
the learned Chief Judicial Magistrate, Katihar in Katihar(S) P.S.
Case No. 21 of 2018 (G.R. No. 77 of 2018) by which
cognizance was taken against the petitioner under Sections
406,420,467 and 468 of the I.P.C.
3. Learned counsel for the petitioner submits that this
case may be disposed of with liberty to the petitioner to take all
the points raised in the petition before the Trial Court at the
Patna High Court CR. MISC. No.68673 of 2018(3) dt.14-05-2026
2/2
appropriate stage.
4. Learned A.P.P. for the State has no objection to this
prayer of the petitioner.
5. Accordingly, the present case is disposed of with
liberty to the petitioner, as prayed for.
(Sunil Dutta Mishra, J)
rakhi/-
U T
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