Patna High Court
Md. Quiyum @ Quyamuddin @ Kyamuddin Mian @ ChhatakayaversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition is disposed of, granting the petitioner liberty to present the points before the trial court.
Summary
The petitioner, Md. Quiyum, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an order dated 20‑08‑2018 passed by the Additional District Judge, Rosera, in Sessions Trial No. 251 of 2018 arising from Bibhutipur PS Case No. 178 of 2013. The petitioner requested liberty to raise all points raised in the petition before the trial court at the appropriate stage. The State of Bihar, represented by an A.P.P., raised no objection to the prayer. The High Court, after hearing counsel, disposed of the petition granting the petitioner the liberty sought to approach the trial court. Consequently, the order of the Additional District Judge stands pending further arguments before the trial court.
Issues considered
- Whether a petition under Section 482 Cr.P.C. for quashing the order dated 20‑08‑2018 can be entertained.
- Whether the High Court can grant liberty to the petitioner to raise the points before the trial court.
Legislation cited
- Criminal Procedure Code — s. 482
Subjects
- Criminal Procedure
- Section 482
- Quash Order
- High Court Disposition
- Petition under Cr.P.C.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70163 of 2018
Arising Out of PS. Case No.-178 Year-2013 Thana- BIBHUTIPUR District- Samastipur
======================================================
Md. Quiyum @ Quyamuddin @ Kyamuddin Mian @ Chhatakaya S/o Md.
Aziz, Resident of Village- Desari, P.S. Bibhuitpur, District- Samastipur.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. Unita Devi, W/o Late Ramprit Singh @ Bitlo Singh, Resident of Village-
Desari, P.S.- Bibhuitpur, District- Samastipur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vinay Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Pranav 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 20.08.2018 passed by
the learned Additional District Judge, Rosera in Sessions Trial
No. 251 of 2018, arising out of Bibhutipur P.S. Case No. 178 of
2013.
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.
4. Learned A.P.P. for the State has no objection to this
Patna High Court CR. MISC. No.70163 of 2018(3) dt.02-07-2026
2/2
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
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