Patna High Court
RAJENDRA PRASAD SAO @ RAJENDRA PRASADversusTHE STATE OF BIHAR
- Decided
- Disposal
- WITHDRAWN
- Bench
- SANDEEP KUMAR
Holding
The Court dismissed the application for quash and granted the petitioners liberty to raise their grounds at the charge‑framing stage.
Summary
The petitioners, Rajendra Prasad and Meena Devi, filed an application seeking to quash the order dated 21‑06‑2019 of the Judicial Magistrate‑Ist Class, Begusarai, which had taken cognizance of offences under Section 498A of the Indian Penal Code and Section 4 of the Domestic Violence Act against them. After hearing, the petitioners requested permission to withdraw the quash‑application and instead raise all their defenses at the stage of framing of charge. The Court granted this permission, allowing the petitioners to present their grounds later. Consequently, the application for quash was dismissed, with liberty given to the petitioners to raise their arguments during charge framing. The order reflects the Court’s discretion to permit withdrawal of a quash petition and to defer substantive defence to the proper stage of trial.
Issues considered
- Whether the order taking cognizance of offences under Section 498A IPC and Section 4 D.P. Act can be quashed.
- Whether the petitioners may withdraw the quash application and raise all grounds at the charge‑framing stage.
Legislation cited
- Domestic Violence Act, 2005 — s. 4
- Indian Penal Code — s. 498A
Subjects
- quash petition
- Section 498A
- Domestic Violence Act
- charge framing
- withdrawal of application
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77422 of 2019
Arising Out of PS. Case No.-872 Year-2019 Thana- BEGUSARAI COMPLAINT CASE
District- Begusarai
======================================================
1. Rajendra Prasad Sao @ Rajendra Prasad Son Of Garbhu Sao @ Garbhu Saw
Resident Of Nawada, Behind State Bank Of India, Nawada, P.S.- Nawada
(Town), District - Nawada.
2. Meena Devi Wife Of Rajendra Prasad Sao @ Rajendra Prasad Resident Of
Nawada, Behind State Bank Of India, Nawada, P.S.- Nawada (Town),
District - Nawada.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. Anisa Kumari Wife Of Sujit Kumar D/O Arbind Kumar Sao, Resident Of
Jawahar Nagar Colony (Pramila Chowk), Ward No. 34, P.S.- Nagar, District
- Begusarai.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhaskar Shankar
For the Opposite Party/s : Mr. Yogendra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 27-01-2026 Heard the learned counsel for the petitioners and the
learned counsel for the State.
2. This application has been filed for quashing the
order dated 21.06.2019 passed by learned Judicial Magistrate-Ist
Class, Begusarai in Complaint Case No. 872C/2019 whereby
and whereunder he took cognizance for the offences punishable
under Section 498 (A) of I.P.C. and Section 4 of D.P. Act against
the petitioners.
3. After some argument, the learned counsel for the
petitioners seeks permission to withdraw this application with
Patna High Court CR. MISC. No.77422 of 2019(3) dt.27-01-2026
2/2
liberty to the petitioners to raise all the grounds at the stage of
framing of charge.
4. Permission, as prayed, is accorded.
5. Accordingly, the application stands dismissed with
the aforesaid liberty to the petitioners.
(Sandeep Kumar, J)
Shishir/-
U T
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