Created by Fuzzy Cloud

Patna High Court

Vijay Kumar Singh @ Vijay SinghversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.