Patna High Court
Prabhu Khan @ Prabhu Kumar Khan and OrsversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The High Court allowed the petitioners liberty to approach the trial court with their points, without quashing the lower court’s order.
Summary
The petitioners, a group of relatives of the late Indushekhar Khan, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an order dated 18‑December‑2017 passed by the 1st Additional Sessions Judge, Saharsa, which dismissed their revision petition and upheld an earlier order dated 4‑May‑2017. The petition challenged the legality of the Additional Sessions Judge’s order and asked the High Court to allow them to raise all points before the trial court at the appropriate stage. The State of Bihar, as the opposite party, raised no objection to the petitioners’ request. Justice Sunil Dutta Mishra, after hearing counsel, disposed of the petition, granting the petitioners liberty to approach the trial court with the matters raised. Consequently, the High Court did not quash the lower court’s order but permitted further litigation in the trial court.
Issues considered
- Whether the order of the 1st Additional Sessions Judge dated 18‑December‑2017 can be quashed under Section 482 CrPC.
- Whether the petitioners may be permitted to raise all points before the trial court at a later stage.
Legislation cited
- Criminal Procedure Code — s. 482
Subjects
- Criminal Procedure
- Section 482
- Quash Order
- Revision Petition
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70804 of 2018
Arising Out of PS. Case No.-72 Year-2013 Thana- BANGAWON District- Saharsa
======================================================
1. Prabhu Khan @ Prabhu Kumar Khan, Son of Late Indushekhar Khan,
2. Nand Kumar Khan, Son of Late Indushekhar Khan,
3. Lila Devi, Wife of Late Indushekhar Khan,
4. Baby Devi @ Baubi Devi @ Chhavi Devi @ Babli Devi, Wife of Prabhu
Khan, All are resident of Village P.S.- Bangaon, District- Saharsa.
... ... Petitioner/s
Versus
1. State Of Bihar
2. Vinita Devi, Wife of Subodh Khan, Resident of Village +P.S.- Bangaon,
District- Saharsa, at present resident of VillageP.S.- Mahisi, District-
Saharsa.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Jharkhandi Upadhyay, 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 18.12.2017 passed by
the learned 1st Additional Sessions Judge, Saharsa in Cr. Rev.
No. 140 of 2017 by which the said revision petition was
dismissed and the order dated 04.05.2017 passed by the learned
A.C.J.M. 1st, Saharsa in Bangaon P.S. Case No. 72 of 2013 was
upheld.
3. Learned counsel for the petitioners submits that this
Patna High Court CR. MISC. No.70804 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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