Parmanand Prasad vs The State Of Bihar on 29 April, 2025

Supreme Court – Daily Orders

Parmanand Prasad vs The State Of Bihar on 29 April, 2025

Author: Sudhanshu Dhulia

Bench: Sudhanshu Dhulia

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     ITEM NO.1                             COURT NO.12                 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

     Petition(s) for Special Leave to Appeal (Crl.)                  No(s).   15698/2024

     [Arising out of impugned final judgment and order dated 11-07-2024
     in CRM No. 63583/2023 passed by the High Court of Judicature at
     Patna]

     PARMANAND PRASAD                                                   Petitioner(s)
                                                   VERSUS

     THE STATE OF BIHAR & ANR.                                          Respondent(s)

     (FOR ADMISSION and I.R. )

     Date : 29-04-2025 This petition was called on for hearing today.

     CORAM :
                            HON'BLE MR. JUSTICE SUDHANSHU DHULIA
                            HON'BLE MR. JUSTICE K. VINOD CHANDRAN

     For Petitioner(s)                Ms. Sonia Mathur, Sr. Adv.
                                      Mr. Nachiketa Joshi, Sr. Adv.(NP)
                                       Ms. Priyanka Garg, AOR
                                      Mr. Santosh Kumar, Adv.
                                      Mr. Tadimalla Bhaskar Gowtham, Adv.
                                      Mr. Pankaj Singhal, Adv.
                                      Mr. Praneet Pranav, Adv.
                                      Mr. Subodh Patil, Adv.
                                      Mr. Alabhya Dhamija, Adv.
                                      Mr. Sunil Beniwal, Adv.
                                      Mr. Nikhil Chandra Jaiswal, Adv.
                                      Mr. Saurabh Kaushik Barwala, Adv.

     For Respondent(s)                Mr. Samir Ali Khan, AOR
                                      Mr. Pranjal Sharma, Adv.
                                      Mr. Kashif Irshad Khan, Adv.
                                      Mr. Anil Kumar Verma, Adv.

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

The petitioner is an accused in a Complaint Case No.135C/2023
Signature Not Verified

instituted at the instance of respondent no.2-complainant pending
Digitally signed by
Nirmala Negi
Date: 2025.05.01
18:03:17 IST
Reason:

in the Court of Chief Judicial Magistrate, Biharshariff, Nalanda,

Bihar, for the offences punishable under Sections 341, 323, 307,
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379, 504, 506, 120(B) read with 34 of the Indian Penal Code (for

short “the IPC”) where said Court was pleased to take cognizance

under Sections 323, 504 & 506 of the IPC against the petitioner.

Against this order, his petition under Section 482 of the Code of

Criminal Procedure (for short “the Code”) was dismissed by the High

Court. Being aggrieved, he approached this Court and vide order

dated 11.11.2024, this Court stayed the further proceedings in the

aforesaid complaint only against the petitioner.

Heard Ms. Sonia Mathur, learned senior counsel for the

petitioner and Mr. Pranjal Sharma, learned counsel for the

respondent-State.

The complaint states that the petitioner along with another

person had attacked on the respondent no.2-complainant. There are

no injuries and the case inter-alia is registered under Section 307

of the IPC. The fact of the matter is that prior to one month from

filing of the aforesaid complaint, the present petitioner had

lodged an FIR against the respondent no.2-complainant along with

another person for having attacked the petitioner who is a

practicing lawyer in Patna, Bihar. It is from the very same

transaction, where the complainant herein had gone to the office of

the petitioner with the another person that the present complaint

is raised after one month.

In any case considering the facts and circumstances of the

case and the nature of offences and the sequence therein, it

appears to be a false case and we are of the opinion that in this

case, the High Court ought to have invoked the power under Section

482 of the Code and should have quashed the criminal proceedings
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against the petitioner. We do not think there is any justification

here in this case for the petitioner to undergo trial.

Under these circumstances, we allow the prayer of the

petitioner and quash the criminal proceedings arising from the

aforesaid Complaint against the petitioner herein.

The present petition is, accordingly, disposed of along with

pending application(s), if any.

(NIRMALA NEGI)                                           (RENU BALA GAMBHIR)
ASTT. REGISTRAR-cum-PS                                 ASSISTANT REGISTRAR