(A.M. Khanwilkar and Sanjiv Khanna, JJ.)
Shahid Iqbal Khan _______________________________ Appellant;
v.
State of Bihar and Others _______________________ Respondent(s).
Criminal Appeal No. of 2021 (Arising out of SLP(Crl) No. 5371 of 2019), decided on July 13, 2021
The Order of the court was delivered by
Order
1. Leave granted.
2. This appeal takes exception to the judgment and order dated 27.03.2019 passed by the High Court of judicature at Patna in Criminal Miscellaneous No. 1281 of 2017, whereby the order passed by the Chief Judicial Magistrate dated 24.10.2016 summoning the private respondents to face trial for an offence punishable under Sections 420, 467, 468, 471 and 120B of the Indian Penal Code in connection with Banka P.S. Case No. 773 of 2015, G.R. No. 2802 of 2015 came to be set aside.
3. What is crucial to notice is that the Trial Court had not only taken cognizance of the subject offence, but the aggrieved private respondents had also resorted to remedy of discharge, which application stood rejected on 30.01.2019. That fact, however, has been completely glossed over by the High Court.
4. In view of the subsequent development, after the order was passed by the Chief Judicial Magistrate on 30.01.2019, the High Court should not have interfered with the said order.
5. Accordingly, the impugned judgment and order is quashed and set aside while giving liberty to the private respondents to take recourse to such other remedy, as may be permissible in law, including consequent to the rejection of discharge application vide order dated 30.01.2019.
6. All other contentions available to both sides are left open.
7. Needless to observe that the Trial Court may proceed in the matter on its own merits and in accordance with law uninfluenced by the observations made in the impugned order.
8. The appeal is disposed of in the above terms.
9. Pending applications, if any, stand disposed of.
Petition(s) for Special Leave to Appeal (Crl.) No(s). 5371/2019
Shahid Iqbal Khan ___________________________________ Petitioner
v.
The State of Bihar and Others ______________________ Respondent(s)
(IA No. 91878/2019 – EXEMPTION FROM FILING O.T. IA No. 107604/2019 – PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA No. 91881/2019 – PERMISSION TO FILE LENGTHY LIST OF DATES)
Date : 13-07-2021 These matters were called on for hearing today.
(Before A.M. Khanwilkar and Sanjiv Khanna, JJ.)
For Petitioner(s) Mr. B.H. Marlapalle, Sr. Adv.
Mr. Abhijit Ganguly, Adv.
Mr. Chand Qureshi, Adv.
Mr. Harish Dasan, Adv.
Mr. Hiren Dasan, AOR
For Respondent(s) Mr. Saket Singh, Adv.
Mrs. Niranjana Singh, AOR
Mr. Gaurav Agrawal, AOR
UPON hearing the counsel the Court made the following
ORDER
10. Leave granted.
11. The appeal is disposed of in terms of the signed order.
12. Pending applications, if any, stand disposed of.
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