Anjani Kumar vs The State Of Bihar on 20 April, 2026

    0
    33
    ADVERTISEMENT

    Supreme Court – Daily Orders

    Anjani Kumar vs The State Of Bihar on 20 April, 2026

    Author: Dipankar Datta

    Bench: Dipankar Datta

                                           IN THE SUPREME COURT OF INDIA
                                          CRIMINAL APPELLATE JURISDICTION
    
                                         CRIMINAL APPEAL No.           /2026
                                      [Arising out of SLP (Crl.) No.     /2026]
                                                @ Diary No. 18766/2026
    
                             ANJANI KUMAR                                             APPELLANT
    
                                                             VERSUS
    
                             THE STATE OF BIHAR & ANR.                                RESPONDENTS
    
                                                            ORDER
    

    1. Delay condoned.

    2. Leave granted.

    SPONSORED

    3. The impugned order dated 9 th October, 2025 passed by the

    High Court of Judicature at Patna, while disposing of Criminal

    Miscellaneous No.60503 of 2024, reads as follows: –

    “Heard learned counsel appearing on behalf of the
    petitioner and the learned APP for the State.

    2. The present quashing application has been notified on
    “Urgent Mentioning” made on behalf of the petitioner.

    3. In spite of repeated calls, no one has appeared on behalf
    of the parties.

    4. I proceed to pass order on merit on the basis of
    materials available on the record.

    5. The present quashing application has been filed for
    following issues: –

    ‘For setting aside/quashing of cognizance order dated
    18.12.2023 passed in complaint case No.
    (C)1252/2023 by Ld. Additional Chief Judicial Magistrate
    XIII, Saran whereby cognizance has been taken under
    Section 420/466/471 and 120(B) of Indian Penal Code for
    complaint filed for alleged offence under Section 194,
    420, 466, 468, 469, 471, 504 and 120(B) of Indian Penal
    Code and all other consequential proceeding.’

    6. The charge-sheet was submitted on 29.09.2020 and the
    learned Addl. Chief Judicial Magistrate XIII, Saran took
    Signature Not Verified
    cognizance under Section 420, 466, 471 and 120B of the IPC
    Digitally signed by
    rashmi dhyani pant
    Date: 2026.04.27 having found sufficient grounds for proceeding against the
    14:24:37 IST
    Reason:

    accused persons.

    7. This Court finds that the instant case is one of the cases in
    which the parties may exercise to settle their dispute

    1
    amicably and the learned District Court may also give
    opportunity to them, so that they can settle their dispute
    outside the Court.

    8. The present quashing application stands disposed of with
    the aforesaid liberty.”

    4. The impugned order speaks for itself. The infirmities are so

    obvious and glaring that the same neither warrants detailed

    exposition nor is there any necessity to issue notice to the

    respondents.

    5. The impugned order being indefensible, is set aside. We

    request the roster Bench of the High Court to decide Criminal

    Miscellaneous No.60503 of 2024 afresh upon granting due

    opportunity of hearing to the parties and in accordance with law, as

    early as possible and, subject to its convenience, within a month

    from date of receipt of a copy of this order.

    6. We keep all contentions on merits open for being urged by the

    parties before the roster Bench.

    7. The appeal is, accordingly, allowed.

    8. Pending application(s), if any, shall stand disposed of.

    ……………………………………..J.
    (DIPANKAR DATTA)

    ……………………………………..J.
    (SATISH CHANDRA SHARMA)
    New Delhi;

    April 20, 2026.

    
    
    
    
                                        2
    ITEM NO.40                   COURT NO.8                         SECTION II-A
    
                     S U P R E M E C O U R T O F            I N D I A
                             RECORD OF PROCEEDINGS
    
    

    SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 18766/2026

    [Arising out of impugned final judgment and order dated 09-10-2025
    in CRLM No.60503/2024 passed by the High Court of Judicature at
    Patna]

    ANJANI KUMAR Petitioner

    VERSUS

    THE STATE OF BIHAR & ANR. Respondents

    FOR ADMISSION and I.R.
    I.A. No.114043/2026-CONDONATION OF DELAY IN FILING
    I.A. No.114046/2026-EXEMPTION FROM FILING C/C OF THE IMPUGNED
    JUDGMENT
    I.A. No.114049/2026-EXEMPTION FROM FILING O.T.

    Date : 20-04-2026 This matter was called on for hearing today.

    CORAM :

    HON’BLE MR. JUSTICE DIPANKAR DATTA
    HON’BLE MR. JUSTICE SATISH CHANDRA SHARMA

    For Petitioner(s) : Mr. Anirudh Sharma, AOR
    Mr. Varun Kesharwani, Adv.

    Mr. Kumar Amit, Adv.

    For Respondent(s) :

    UPON hearing the counsel the Court made the following
    O R D E R

    1. Delay condoned.

    2. Leave granted.

    3. The appeal is allowed in terms of the signed order.

    4. Pending application(s), if any, shall stand disposed of.

    (RASHMI DHYANI PANT) (SUDHIR KUMAR SHARMA)
    ASST. REGISTRAR-CUM-PS COURT MASTER (NSH)
    (signed order is placed on the file)

    3



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here