Patna High Court
RAM BABU YADAVversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The application for quash was dismissed as the defence cannot be considered at the charge‑framing stage.
Summary
The petitioners – Ram Babu Yadav, Savitri Devi and Naresh Kumar Singh – filed an application under Section 239 of the Criminal Procedure Code seeking to quash an order dated 26‑08‑2019 of the Judicial Magistrate, 1st Class, Darbhanga, which had rejected their earlier application. The complainant alleged that on 29‑04‑2016 petitioner‑1 sold land belonging to the complainant to petitioner‑2, with petitioner‑3 as a witness. The High Court observed that the lower court had found a strong prima facie case warranting the framing of charge. The petitioners attempted to raise their defence at the charge‑framing stage, which the Court held to be impermissible. Consequently, the application for quash was dismissed.
Issues considered
- Whether an application under Section 239 Cr.P.C. for quashing a magistrate’s order can be entertained at the stage of framing of charge
- Whether the defence of the accused can be considered at the charge‑framing stage
Legislation cited
- Code of Criminal Procedure, 1973 — s. 239
Subjects
- Criminal Procedure
- Section 239
- Quash Order
- Charge Framing
- Prima Facie Case
- Defence
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73403 of 2019
Arising Out of PS. Case No.-285 Year-2016 Thana- LAHERIYASARAI District- Darbhanga
======================================================
1. Ram Babu Yadav Son of Chuman Yadav @ Janak Yadav Resident of
Village- Kabariya Tole- Mushari, P.S.- Sadar, District- Darbhanga.
2. Savitri Devi Wife of Dinesh Yadav Resident of Village- Kabariya Tole-
Mushari, P.S.- Sadar, District- Darbhanga.
3. Naresh Kumar Singh Son of Bhola Singh @ Bhola Yadav Resident of
Village- Gausaghat, P.S.- Sadar, District- Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Girish Chandra Jha, Advocate
For the State : Mr.Nirmala Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 19-01-2026 Heard the parties.
2. The present application has been filed for quashing
the order dated 26.08.2019 passed by the Judicial Magistrate, 1 st
Class, Darbhanga in G.R. No. 2235 of 2016/ Tr. No. 2063 of
2019 arising out of Laheriasarai P.S. Case No. 285 of 2016 by
which the learned Magistrate has rejected the application under
Section 239 of the Cr.P.C. filed by the petitioners.
3. The complainant alleges that on 29.04.2016 the
petitioner no. 1 had sold the land belonging to the complainant
to the petitioner no. 2 to which petitioner no. 3 was the witness
of the aforesaid transaction.
Patna High Court CR. MISC. No.73403 of 2019(3) dt.19-01-2026
2/2
4. Strong prima facie case has been found by the
Court below for framing of charge. The petitioners want this
Court to consider his defence at the stage of framing of charge,
which is not permissible.
5. In view of the above, this application is dismissed.
(Sandeep Kumar, J)
P. Kumar
U T
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