Arti Kumari vs. State Of Bihar And Anr
Original PDF →Facts
The petitioner, Arti Kumari, filed a criminal miscellaneous application before the Patna High Court. The application sought to quash an order dated April 16, 2018, passed by the learned Chief Judicial Magistrate (CJM), Begusarai. This order had refused to take cognizance against Opposite Party No. 2, Praianshu Kumar. The petitioner had accused Opposite Party No. 2 of cheating her by charging an additional cost under the guise of GST. The petitioner's counsel then requested that the case be disposed of with liberty to take appropriate steps in light of the impugned order. The Additional Public Prosecutor for the State had no objection to this request.
Held
The Court disposed of the Criminal Miscellaneous Application. The decision was based on the submission made by the learned counsel for the petitioner, who requested that the case be disposed of with liberty to the petitioner to take appropriate steps in view of the impugned order dated 16.04.2018. The learned Additional Public Prosecutor for the State had no objection to this prayer. Consequently, the Court granted the petitioner the liberty as prayed for, effectively allowing the withdrawal or dismissal of the application with a right to pursue further action. No specific finding was made on the merits of the alleged cheating or the CJM's order refusing cognizance, as the matter was disposed of on a procedural request.
Key Issues
1. Whether the High Court should quash the order dated 16.04.2018 passed by the learned CJM, Begusarai, refusing cognizance against Opposite Party No. 2 for alleged cheating by charging additional GST. Petitioner's Argument: The petitioner argued that the case should be disposed of with liberty to take appropriate steps in view of the impugned order. This implies a concession or a strategic decision to pursue alternative remedies rather than directly challenging the CJM's order on merits at this stage. Revenue/State's Argument: The learned A.P.P. for the State stated that they had no objection to the petitioner's prayer for disposal of the application with liberty to take appropriate steps. This indicates the State's acquiescence to the petitioner's request for a procedural disposal.
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
ORAL ORDER 2 23-03-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The present Cr. Misc. Application has been filed for quashing the order dated 16.04.2018 passed by learned C.J.M., Begusarai in Complaint Case No.438 of 2018 refusing cognizance against O.P. No.2, who was made accused for cheating the petitioner by taking additional cost on the name of GST.
Learned counsel for the petitioner submits that this case may be disposed of with liberty to the petitioner to take appropriate steps in view of the impugned order dated 16.04.2018. Patna High Court CR. MISC. No.47074 of 2018(2) dt.23-03-2026 2/2
Learned A.P.P. for the State has no objection to this prayer of the petitioner.
In view of the submission of learned counsel for the petitioner, the present Cr. Misc. Application stands disposed of with liberty to the petitioner, as prayed for.
Harish/- (Sunil Dutta Mishra, J) U T
Reproduced from the public record of the Patna High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.