Azhar Ahmad v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19923 of 2015 Arising Out of PS.Case No. -33 Year- 2015 Thana -MUNGER COMPLAINT CASE DistrictMUNGER ===========================================================

1. Azhar Ahmad son of Late Rauf Khan, Resident of village- Sonaichatti, P.S.- Jamui, District- Jamui .... .... Petitioner/s

Versus

1. The State of Bihar

2. Zahida Arshi wife of Azhar Ahamd daughter of Md. Hasrat Ali, resident of village- Ekram Nagar, Benigir, P.S.- Mufassil, District- Munger .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr. Md. Harun Quareshi For the Opposite Party/s : Mr. Dashrath Mehta, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 08-05-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The present application under section 482 of the Code of Criminal Procedure has been filed by the petitioner for quashing the order dated 23.02.2015 passed by the learned Judicial Magistrate, Munger in Complaint Case No.33C of 2015 by which the petitioner has been summoned to face trial for the offences punishable under sections 323, 498-A and 504 of the Indian Penal Code as well as 4 of the Dowry Prohibition Act, 1961.

The allegations made in the complaint do constitute a cognizable offence. The complainant has supported the allegation in

Patna High Court Cr.Misc. No.19923 of 2015 dt.08-05-2015 2/2 her examination on oath in course of enquiry. Three witnesses have also supported the case of the complainant.

In that view of the matter, I find no illegality in the impugned order. Accordingly, the application is dismissed. However, the petitioner would be at liberty to raise all the points available to him at the stage of framing of charge. (Ashwani Kumar Singh, J) Pradeep/- U T