Patna High Court
Ramashrey Ram and OrsversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court allowed the petition under Section 482 CrPC and granted the petitioners liberty to approach the trial court with their points.
Summary
The petitioners filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an order dated 05-06-2018 passed by the Additional Chief Judicial Magistrate, which had rejected their earlier petition under Section 209 CrPC. They requested that the High Court allow them 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. The learned Judge considered whether the High Court could grant such liberty under Section 482 CrPC. Finding no impediment, the Court disposed of the petition, granting the petitioners the liberty they sought. Consequently, the petition was allowed and the matter was left for further consideration by the trial court.
Issues considered
- Whether a petition under Section 482 CrPC can be entertained to quash an order rejecting a Section 209 petition.
- Whether the High Court may grant liberty to the petitioners to raise their points before the trial court.
Legislation cited
- Criminal Procedure Code — s. Section 209, Section 482
Subjects
- Criminal Procedure
- Section 482
- Quash Order
- Petition
- Trial Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70079 of 2018
Arising Out of PS. Case No.-26 Year-2013 Thana- UCHKAGAON District- Gopalganj
======================================================
1. Ramashrey Ram, Son of Bansraj Ram,
2. Amrit Kant Ram, Son of Ramashrey Ram,
3. Amla Kant Ram, Son of Ramashrey Ram,
4. Sarita Devi, Wife of Amla Kant Ram,
5. Shila Devi, Wife of Hanshnath Ram,
6. Ram Kumari Devi, Wife of Ramashrey Ram,
7. Hari Ram, Son of Bansraj Ram,
8. Bullet Ram, Son of Hari Ram,
9. Chandan Ram, Son of Hari Ram, All resident of Village- Banki Khal, Purab
Tola, Police Station- Uchkagaon, District- Gopalganj.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raghav Prasad, Advocate
For the Opposite Party/s : Mr. Sri Zainul Abedin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 02-07-2026 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 05.06.2018 passed by
the learned A.C.J.M.-IX, Gopalganj in Tr. No. 1213 of 2018,
arising out of Uchkagaon P.S. Case No. 26 of 2013 by which
petition filed by the petitioners under Section 209 Cr.P.C. was
rejected.
3. Learned counsel for the petitioners submits that this
Patna High Court CR. MISC. No.70079 of 2018(3) dt.02-07-2026
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case may be disposed of with liberty to the petitioners to take all
the points raised in the petition before the learned Trial Court at
the 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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