Patna High CourtCR. MISC./19157/2021disposed

Sanjeet Kumar Tiwari v. The State Of Bihar

2023-09-13Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19157 of 2021 Arising Out of PS. Case No.-1888 Year-2015 Thana- SARAN COMPLAINT CASE DistrictSaran ====================================================== SANJEET KUMAR TIWARI SON OF LALLAN TIWARY RESIDENT OF VILLAGE- RAMGARH, P.S.- SISHWAN, DISTRICT- SIWAN ... ... Petitioner/s

Versus

The State of Bihar 2.

KANCHAN KUMARI WIFE OF SANJEET KUMAR TIWARI, RESIDENT OF VILLAGE- RAMGARH, P.S. SISHWAN, DISTRICTSIWAN. (AT PRESENT- RESIDENT OF KARAHAT, P.S.- DERANI, DISTRICT- SARAN) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mrityunjay Kumar Tiwary, Adv.

For the Opposite Party/s :

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 13-09-2023 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

2. Heard the learned counsel for the petitioner as well as learned APP for the State.

3. This is an application under Section 482 of the CrPC for quashing the order dated 26.07.2015 passed by the learned J.M. 1st Class, Saran in Trial No. 1337 of 2015/1117 of 2019 arising out of Complaint Case No. 1888 of 2015, by which the learned Magistrate has taken cognizance against the petitioner under Sections 498A of the I.P.C and Section 3⁄4 of the D.P. Act.

Patna High Court CR. MISC. No.19157 of 2021(2) dt.13-09-2023 2/2

4. It is a case of matrimonial dispute. There is allegation that three persons including the petitioner tortured the victim for non-fulfillment of demand of dowry.

5. After perusal of the materials during the inquiry, the learned court below vide impugned order issued summons against the petitioner and other accused persons.

6. Learned counsel for the petitioner has submitted that the complainant is mentally ill and she had attempted to commit suicide.

7. After considering the statements of three witnesses examined during the course of enquiry, the learned court below has taken cognizance.

8. The petitioner may raise his points at the time of framing of charges.

9. With these observations, this criminal miscellaneous petition is disposed of.

10. Office shall ensure that all defects are removed by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) SONALI/- U T