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Patna High Court

RAM BABU YADAVversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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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