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Patna High Court

Manoj Kumar BedpuriyaversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

Holding

The application for quashing the order is disposed, with liberty to the petitioner to raise grounds under Section 319 of the Criminal Procedure Code.

Summary

Manoj Kumar Bedpuriya filed an application seeking to quash the order dated 11 May 2015, which dismissed his criminal revision and upheld a lower court order dated 4 March 2013. The High Court examined the petition and noted that the petitioner could raise all relevant grounds under Section 319 of the Criminal Procedure Code. No substantive merits of the petition were discussed in the order. Consequently, the Court disposed of the application, granting the petitioner permission to present his arguments under the specified provision. The disposition leaves the matter open for further pleading on the merits.

Issues considered

  • Whether the order dated 11 May 2015 passed in the criminal revision can be quashed.
  • Whether the petitioner may raise all grounds at the stage of Section 319 Cr.P.C.

Legislation cited

Subjects

  • criminal revision
  • quash order
  • Section 319 CrPC
  • Section 358 CrPC
  • procedural law
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7145 of 2016

                  Arising Out of PS. Case No.-1317 Year-2012 Thana- WEST CHAMPARAN COMPLAINT
                                                 District- West Champaran
                 ======================================================
                 Manoj Kumar Bedpuriya Son of Satyanarayan Bedpuriya, Resident of Village
                 - Majhauliya, Police Station - Majhauliya, District - West Champaran.

                                                                           ... ... Petitioner/s
                                                     Versus
           1.    The State Of Bihar
           3.    Sarita Kumari Gupta, Daughter of Bhagwati Shankar Gupta,
           4.    Amrita Kumari Gupta Bhagwati Shankar Gupta, Sl. No. 2 to 4 are Resident
                 of Village - Majhauliya, Police Station - Majhauliya, District - West
                 Champaran.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Sanjay Kumar No.-7
                 For the Opposite Party/s :    Mr. J.Upadhyayapp
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   06-01-2026                  Heard the parties.

                                2. This application has been filed for quashing the

                   order dated 11.05.2015 passed in Cr. Revision No. 116 of 2013

                   arising out of Complaint Case No. 1317C of 2012 by the learned

                   4th Additional and Sessions Judge, Bettiah, West Champaran by

                   which the learned court has dismissed the criminal revision filed

                   by the petitioner and upheld the order dated 04.03.2013 passed

                   by the learned Judicial Magistrate, Bettiah, West Champaran.

                                3. This application is disposed of with liberty to the

                   petitioner to raise all the grounds at the stage of Section 319
            Patna High Court CR. MISC. No.7145 of 2016(5) dt.06-01-2026
                                                        2/2




                      Cr.P.C./Section 358 of the BNSS.



                                                              (Sandeep Kumar, J)
Shishir/-

U


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