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Patna High CourtCR. MISC./7093/2022dismissed

Gopal Prasad Yadav @ Gopal Yadav v. The State Of Bihar

2022-05-12Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7093 of 2022 Arising Out of PS. Case No.-4033 Year-2019 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== 1.

GOPAL PRASAD YADAV @ GOPAL YADAV Son of Late Kari Yadav Resident of - Karodi Chak, Post and P.S. - Phulwari Sharif, District - Patna. 2.

Sunder Pano Devi Wife of Gopal Prasad Yadav Resident of - Karodi Chak, Post and P.S. - Phulwari Sharif, District - Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Sushma Kumari Wife of Raj Kishore Kumar and Daughter of Shri Ram Niranjan Singh Resident of Dujra Pehalwan Ghat, (Maa Bhawan), P.S. - Buddha Colony, Dist. - Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Subodh Kumar Barnwal For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 12-05-2022 Learned counsel for the petitioner is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are father-in-law and mother-in-law of opposite party No. 2.

This petition has been filed for quashing the order dated 25.01.2020 passed by the learned J.M. 1st Class, Patna, taking cognizance in connection with Complaint Case No. 4033

Patna High Court CR. MISC. No.7093 of 2022(2) dt.12-05-2022 2/2 (C)/2019 for the offences under Sections 498-A/323/504 of the Indian Penal Code.

A perusal of the impugned order dated 25.01.2020 shows that the same has been passed with due application of mind on the basis of chargesheet and case diary, and after finding a prima facie case was made out against the petitioners on the basis of specific accusations of demand of dowry, torture and assault against them in the F.I.R., cognizance has been taken.

Considering the above, this Court is not inclined to interfere with the order impugned at this stage. The petition stands dismissed.

(Sandeep Kumar, J) Saif/- U T