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Patna High Court

Raju Tiwari and OrsversusThe State Of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted the petition, allowing the petitioners liberty to approach the trial court as prayed.

Summary

The petitioners, a group of relatives from Buxar, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an order dated 09‑08‑2018 of the Assistant Sessions Judge, which had rejected their earlier petition under Section 227 CrPC. They requested that the High Court allow them to raise all points raised in their earlier petition before the trial court at an appropriate stage. The State of Bihar raised no objection to this request. The Patna High Court, after hearing counsel, disposed of the petition by granting the petitioners liberty to approach the trial court as prayed, without quashing the earlier order. The order effectively permits the petitioners to pursue their substantive arguments in the trial court.

Issues considered

  • Whether the order of the Assistant Sessions Judge rejecting the petition under Section 227 CrPC can be quashed under Section 482 CrPC
  • Whether the petitioners should be granted liberty to raise their points before the trial court

Legislation cited

Subjects

  • Criminal Procedure
  • Section 482 CrPC
  • Section 227 CrPC
  • Quash order
  • Trial court liberty

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.70060 of 2018
                          Arising Out of PS. Case No.-71 Year-2016 Thana- SIMRI District- Buxar
                 ======================================================
           1.     Raju Tiwari Son of Ashok Tiwari,
           2.    Bablu Tiwari, Son of Ashok Tiwari,
           3.    Ashok Tiwari, Son of Late Kedar Tiwari
           4.    Munna Tiwari, Son of Late Ashok Tiwari,
           5.    Sunil Tiwari, Son of Late Jaggi Tiwari,
           6.    Vijay Tiwari, Son of Late Badri Tiwari, All are resident of Village- Asha
                 Pandri, Police Station- Simari, District- Buxar.

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State Of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Vipin Kumar Singh, Advocate
                 For the Opposite Party/s :        Smt. Nirmala Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

3   14-05-2026                    Heard learned counsel for the petitioners 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 09.08.2018 passed by

                   the learned Assistant Sessions Judge IInd, Buxar in Simari P.S.

                   Case No. 71 of 2016 by which the petition filed by the

                   petitioners under Section 227 Cr.P.C. was rejected.

                                3. Learned counsel for the petitioners submits that this

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

                   the points raised in the petition before the Trial Court at the
              Patna High Court CR. MISC. No.70060 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 petitioners.

                                     5. Accordingly, the present case is disposed of with

                        liberty to the petitioners, as prayed for.



                                                (Sunil Dutta Mishra, J)
rakhi/-

U         T


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