Asharaf Ali v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.5814 of 2014 dt.05-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5814 of 2014 Arising Out of PS.Case No. -414 Year- 2013 Thana -SITAMARHI COMPLAINT CASE DistrictSITAMARHI =========================================================== Asharaf Ali, Son of Late Anwarul Haque, Resident of Village - Sharifpur, P.S.- Manpur, District - Sitamarhi.

.... .... Petitioner.

Versus

1. The State of Bihar.

2. Sahana Khatoon, Wife of Ashraf Ali, Resident of Village - Sharifpur, P.S.- Manpur, District - Sitamarhi.

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

For the Petitioner/s : Mr. Alok Kumar Jha, Advocate. For the Opposite Party No.2 : Mr. Anil Kumar, Advocate. For the State : Mr. Binod Kumar, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL JUDGMENT Date: 05-12-2016 Heard learned counsel for the petitioner and the learned counsel for the opposite party no. 2.

2. This application, under Section 482 of the Code of Criminal Procedure, is directed against the order dated 23.12.2013 passed in Complaint Case (C1) No. 414 of 2013, whereby the S.D.J.M., Pupari at Sitamarhi, finding the prima facie case, under Section 498(A) of the Indian Penal Code, summoned the accusedpetitioner.

3. On going through the impugned order, I find no illegality in the impugned order amounting to abuse of the process of the court for interference in inherent jurisdiction under Section 482 of

Patna High Court Cr.Misc. No.5814 of 2014 dt.05-12-2016 the Code of Criminal Procedure.

4. Accordingly, this application is dismissed. However, the petitioner would be at liberty to raise his defence/points in trial court at the appropriate stage.

(Rajendra Kumar Mishra, J) Bhardwaj/- AFR/NAFR CAV DATE Uploading Date Transmission Date