Patna High Court
Vijay Kumar Singh @ Vijay SinghversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court did not quash the order but granted the petitioner liberty to raise the points before the trial court.
Summary
The petitioner, Vijay Kumar Singh, was charged by a Judicial Magistrate with multiple offences under the IPC. He filed a petition under Section 482 of the Criminal Procedure Code seeking to quash the magistrate's order taking cognizance. The petitioner also requested liberty to raise all points raised in the petition before the trial court at the appropriate stage. The State did not oppose the petitioner's prayer. The High Court disposed of the petition, granting the petitioner the liberty sought, without quashing the magistrate's order.
Issues considered
- Whether the order of the Judicial Magistrate taking cognizance can be quashed under Section 482 CrPC
- Whether the petitioner can be granted liberty to raise the points before the trial court
Legislation cited
- Criminal Procedure Code — s. 482
Subjects
- Criminal Procedure
- Section 482
- Quash Order
- Cognizance
- Petition
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69866 of 2018
Arising Out of PS. Case No.-31 Year-2018 Thana- MATIHANI District- Begusarai
======================================================
Vijay Kumar Singh @ Vijay Singh Son of Late Damodar Singh Resident of
Village-Ramdiri, Nakti tola, P.S. Matihani, Distt.-Begusarai
... ... Petitioner/s
Versus
1. State Of Bihar
2. Nilam Devi Wife of Nandkishore Singh Resident of Village-Ramdiri, Nakti
tola,P.S. Matihani,Distt.-Begusarai
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sandip Kumar Gautam, Advocate
For the Opposite Party/s : Mr. Rajesh Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 02-07-2026 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 30.05.2018 passed by
the learned Judicial Magistrate 1st Class, Begusarai in Matihani
P.S. Case No. 31 of 2018 by which cognizance was taken
against the petitioner for the offences under Sections 341, 323,
504, 448, 354, 379, 308, 34 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 learned Trial Court at
the appropriate stage.
Patna High Court CR. MISC. No.69866 of 2018(3) dt.02-07-2026
2/2
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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