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Patna High Court

Sujeeta Devi @ Sujeeta Kumari and OrsversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The petition under Section 482 CrPC is disposed of, quashing the order of the Judicial Magistrate.

Summary

The petitioners, members of the Chourasia family, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an order dated 07‑10‑2015 of the Judicial Magistrate‑1st Class, Hajipur, which had taken cognizance against them under Sections 417, 448 and 323 of the Indian Penal Code. The State of Bihar and the accused Rajneesh Kumar Chourasia were opposite parties. Both parties appeared before the Patna High Court, with the petitioners represented by Ms. Archana and the State by Advocate‑on‑Record Mr. Awadhesh Kumar Singh. The learned A.P.P. expressed no objection to the petitioners’ request that the case be disposed of. Considering the submissions, the Court disposed of the petition, effectively granting the relief sought. The order reflects the Court’s exercise of its inherent powers under Section 482 CrPC to quash proceedings deemed improper.

Issues considered

  • Whether the order of the Judicial Magistrate taking cognizance under Sections 417, 448 and 323 IPC can be quashed under the inherent powers of the High Court under Section 482 CrPC

Legislation cited

Subjects

  • Criminal Procedure Code
  • Section 482
  • quash petition
  • cognizance
  • Indian Penal Code
  • High Court inherent powers
  • petition disposed

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7774 of 2018
                     Arising Out of PS. Case No.-2734 Year-2015 Thana- VAISALI COMPLAINT CASE
                                                     District- Vaishali
                 ======================================================
           1.     Sujeeta Devi @ Sujeeta Kumari, Wife of Rajnish Kumar Chourasia,
                  daughter of Ram Murti Chourasia.
           2.    Ram Murti Chourasia @ Ram Murat Pd. Chourasia, Son of Govind
                 Choudhary.
           3.    Vimal Devi @ Vimala Chourasia, Wife of Ram Murti Chourasia,
           4.    Subhash Prasad Chourasia, son of Ram Murti Chourasia,
           5.    Filaya Chourasia @ Firaya Lal Pd Chourasia, Son of Ram Murti Chourasia,
                 All residents of Mohalla- Chhoti Yusufpur, Police Station- Industrial Area
                 Hajipr, District- Vaishali.

                                                                              ... ... Petitioner/s
                                                     Versus
           1.    State Of Bihar
           2.    Rajneesh Kumar Chourasia, resident of Village- Mahindwara, P.S.- Mahnar,
                 District- Vaishali.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Ms. Archana, Advocate
                 For the Opposite Party/s :     Mr. Awadhesh Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

4   12-02-2026                  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 07.10.2015 passed by the

                   learned Judicial Magistrate 1st Class, Hajipur in Complaint Case

                   No. 2734 (C) of 2015 by which cognizance was taken against

                   the petitioners under Sections 417, 448, 323 of the I.P.C.

                                3. After some argument, learned counsel for the
              Patna High Court CR. MISC. No.7774 of 2018(4) dt.12-02-2026
                                                          2/2




                        petitioners submits that this case may be disposed of.

                                     4. Learned A.P.P. for the State has no objection to this

                        prayer of the petitioners.

                                     5. Considering the submissions of the learned

                        counsels for the parties, the present case is disposed of.



                                                (Sunil Dutta Mishra, J)
rakhi/-

U         T


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