The Patna High Court permitted the petitioner to withdraw an application under Section 482 CrPC challenging the taking of cognizance in a 498A case, with liberty to raise defenses during the trial.
Permission granted to withdraw the application with liberty to raise defenses in the trial court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Patna High Court Cr.Misc. No.53308 of 2013 dt.10-07-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53308 of 2013
Arising Out of PS.Case No. -34 Year- 2012 Thana -JAGDIHSPUR District- BHOJPUR
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.... .... Petitioners.
Versus
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. For the Opposite Party/s : Mr.
=========================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL JUDGMENT
Date: 10-07-2017
Heard learned counsel for the petitioners and the
learned counsel for the State.
This application, under Section 482 of the Code of Criminal Procedure, is directed against the order dated 21.11.2012 passed in Jagdishpur P.S. Case No. 34 of 2012, whereby the learned Chief Judicial Magistrate, Arrah, took the cognizance for the offence under Section 498A of the Indian Penal Code against the petitioners, on perusal of the materials available in the case diary.
At the length of argument, in presence of learned counsel for the opposite party no.2, learned counsel for the petitioners seeks permission to withdraw this application with liberty to raise defence/points as raised herein in trial court at the appropriate stage.
Patna High Court Cr.Misc. No.53308 of 2013 dt.10-07-2017
Permission is accorded.
Accordingly, this application is dismissed as withdraw
with the aforesaid liberty.
(Rajendra Kumar Mishra, J)
Bhardwaj/-
AFR/NAFR CAV DATE Uploading Date12.07.2017 Transmission 12.07.2017 Date
1 issue framed by the court
Whether to permit withdrawal of the application for quashing of an impugned order taking cognizance of an offence.
2 provisions across 2 enactments
Kamal Kumar Singh
Hari Nath Singh
Tetari Devi
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
