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Patna High Court

Ramashrey Ram and OrsversusThe State Of Bihar

Decided
Disposal
DISPOSED

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

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
                                                          2/2




                        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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