Antika Kumari @Ankita Kumari v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8792 of 2015 Arising Out of PS.Case No. -28069 Year- 2014 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================
1. ANTIKA KUMARI @ANKITA KUMARI Wife of Shyam Babu Singh resident of Sri Ram Nagar Colony, P.S.- Rupaspur,, District- Patna. .... .... Petitioner/s
Versus
1. The State of Bihar
2. Shiv Kumar Gupta son of Late Laldeo Prasad resident of MohallaRukanpura near Vikram Timber, P.s.- Rupaspur, District- Patna. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Lakshmi Kant Sharma For the State : Mr. Ashok Kumar(App) For Opposite Party No.2 : Mr. Ashish Giri, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 06-08-2015 Heard learned counsel for the petitioner, learned counsel for the State as well as learned counsel for the opposite party no.2.
By filing this application under section 482 of the Code of Criminal Procedure, the petitioner seeks quashing of the order dated 16.01.2015 passed by the learned Judicial Magistrate 1st Class, Patna, whereby the petitioner has been summoned to face trial for the offences punishable under section 406 of the Indian Penal Code and section 138 of the Negotiable Instruments Act.
It would be evident from the impugned order dated 16.01.2015 that the learned Magistrate took into consideration the
Patna High Court Cr.Misc. No.8792 of 2015 (3) dt.06-08-2015 2/2 statement of the complainant on oath, statement of witness Sanjeev Kumar and certain other documents while passing the impugned order. Those statements and documents have not been brought on record by the petitioner in the present application. In absence of those statements and documents, I find it difficult to adjudicate the matter on merits.
In that view of the matter, the application is dismissed with liberty to the petitioner to file another application after bringing on record all the relevant statements and documents in the same subject matter.
(Ashwani Kumar Singh, J) Pradeep/- U T