Dismissed¶22

Md. Parwez Chand v. The State of Bihar

Patna HC16 Dec 2025CR. WJC/1211/2021

Case brief

AI extract

What is this about?

Patna High Court; CR. WJC No.1211 of 2021; Jitendra Kumar, J.; order dated 16-12-2025; writ petition against cognizance order held not maintainable under writ jurisdiction; remedy under Section 482 Cr.P.C.; cognizance order dated 20.10.2020 by CJM Munger in Muffasil P.S. Case No. 352 of 2018; charge framed against petitioner; dismissal with liberty to apply on the point of charge; petitioner Md. Parwez Chand; State of Bihar respondents; no precedents engaged.

What did the court decide?

Liberty to the petitioner to prefer appropriate application on the point of charge against the petitioner, if so advised ¶22

Md. Parwez Chand Vs The State of Bihar — Patna HC (2025) — LawSathi Research

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.1211 of 2021

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Arising Out of PS. Case No.-352 Year-2018 Thana- MUNGER MUFFASIL District- Munger

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======================================================

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Md. Parwez Chand, Son of late Md. Mausam, Resident of Village - Mirzapur Bardah, P.S. - Mufassil, District - Munger.

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... ... Petitioner/s

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Versus

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The State of Bihar

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The Principal Secretary, Home Department, Government of Bihar, Patna.

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The Director General of Police, Bihar, Patna.

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The Inspector General of Police, Bhagalpur.

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The Dy. Inspector General of Police, Munger.

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The Dy. Superintendent of Police, Munger.

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The S.H.O. , Mufassil, Munger.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Md. Harun Quareshi, Advocate. For the State : Mr.Sheo Shankar Prasad, SC-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER

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6 16-12-2025

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Present writ petition has been preferred against the cognizance order dated 20.10.2020 passed by learned Chief Judicial Magistrate, Munger, in Muffasil P.S. Case No. 352 of 2018.

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Hence, the present writ petition is prima facie not maintainable because such judicial order cannot be challenged under writ jurisdiction. The petitioner should have preferred a petition under Section 482 Cr.P.C.

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It is further informed by learned counsel for the petitioner that in this case, there is further development in the

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Patna High Court CR. WJC No.1211 of 2021(6) dt.16-12-2025 2/2

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proceeding before learned court below by framing of charge against the petitioner.

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Hence, the present petition is dismissed as not maintainable giving liberty to the petitioner to prefer appropriate application on the point of charge against the petitioner, if so advised.

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(Jitendra Kumar, J)

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S.Ali/-

¶25

Md. Parwez Chand v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Md. Parwez Chand v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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