Dr. Braj Nandan Pathak v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 20621 of 2013 Arising Out of PS.Case No. -1296 Year- 2008 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Dr. Braj Nandan Pathak S/O Sri Shyamanand Pathak Quarter No. E-A/115, South Central Coal Field Colony, P.S. Vishrampur, District Ambikapur, State Chhatisgarh. At Present Senior Medical Officer, South Central Coal Field Hospital Vishrampur, District Ambikapur, State- Chhatisgarh. .... .... Petitioner
Versus
1. The State of Bihar.
2. Nibha Kumari Choudhary D/O Sri P.C. Choudhary and W/O Dr. Braj Nandan Pathak Resident of Mohalla M.I.G. 19, Main Road No. 2, P.S. Kankarbagh, District Patna.
.... .... Opposite Parties ====================================================== Appearance :
For the Petitioner/s : Mr. Rajani Kant Singh For the Opposite Party/s : Mr. Ashok Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 4.
01-03-2016 Heard Sri Rajani Kant Singh, learned counsel for the petitioner and Sri Ashok Kumar, learned Addl. Public Prosecutor. The petitioner, invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of an order, which was passed long back on 09-03-2009 in Complaint Case No. 1296(C) of 2008. By the said order, the learned Magistrate has taken cognizance of offence under Sections 384, 498(A)/34 of the Indian Penal Code. The petitioner is the husband of the opposite party no. 2. It has been accepted that the petitioner had solemnized marriage with opposite party no. 2 after the death of his first wife.
Patna High Court Cr.Misc. No.20621 of 2013 (4) dt.01-03-2016 2/2 On perusal of the impugned order, I do not find any apparent error to interfere with the order of cognizance. Moreover, the order of cognizance was passed long back on 09-03-2009, whereas, the present petition was filed on 08-05-2013. The petition stands dismissed.
Interim order of stay dated 02-07-2014 stands vacated. (Rakesh Kumar, J.) Anay U T