Patna High Court
Manis Kumar and OrsversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition was allowed, and the case was disposed with liberty to the petitioners to raise all points before the trial court.
Summary
The petitioners Manis Kumar, Madhuri Devi and Pawan Kumar Gupta filed a petition in the Patna High Court seeking to quash an order dated 24‑04‑2017 passed by the Sub‑Divisional Judicial Magistrate, Siwan, in Trial No. 3410 of 2018 arising out of Mahila Police Station Case No. 178 of 2015. The petition argued that the order should be set aside and the matter be reopened before the trial court. The State, represented by an A.P.P., raised no objection to the petitioners' request for liberty to raise all points before the trial court. The Court, after hearing counsel, granted the petitioners liberty to approach the trial court at the appropriate stage and disposed of the petition accordingly. No substantive merits of the original order were decided; the High Court merely allowed the petition to proceed.
Issues considered
- Whether the order dated 24‑04‑2017 passed by the Sub‑Divisional Judicial Magistrate can be quashed?
Subjects
- quash order
- criminal miscellaneous petition
- procedural liberty
- high court disposition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70356 of 2018
Arising Out of PS. Case No.-178 Year-2015 Thana- MAHILA P.S. District- Siwan
======================================================
1. Manis Kumar son of Late Gopal ji Prasad
2. Madhuri Devi wife of Manis Kumar
Both are Residents of Village/ Mohalla- Quazi Bazar, P.S.- Maharajganj,
District- Siwan.
3. Pawan Kumar Gupta son of Uma Shankar Prasad, Resident of Village-
Ladhi Bazar, P.S. Goria Kothi, District- Siwan.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Babita Devi wife of Niraj Kumar, D/o Phulena Sah Resident of Village-
Samardah, P.S. Basantpur, District- Siwan.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sharfraz Ahmad, Advocate
Mr. Md. Aslam Ansari, Advocate
For the Opposite Party/s : Mr. Abhay Kumar-1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 06-07-2026 Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. This petition has been filed for quashing the order
dated 24.04.2017 passed by learned Sub-Divisional Judicial
Magistrate, Siwan in Trial No. 3410 of 2018, arising out of
Mahila P.S. Case No. 178 of 2015.
3. After some arguments, learned counsel for the
petitioners submits that this case may be disposed of with liberty
to the petitioners to take all the points as raised in this petition,
before the learned Trial Court at appropriate stage in accordance
Patna High Court CR. MISC. No.70356 of 2018(3) dt.06-07-2026
2/2
with law.
4. Learned A.P.P. for the State has no objection to this
prayer of the petitioners.
5. In view of the above, this case stands disposed of
with liberty to the petitioners, as prayed for.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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