Patna High Court
Raju Tiwari and OrsversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
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
- Criminal Procedure Code — s. 227, 482
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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