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Patna High CourtCR. MISC./24203/2015disposed

Noor Jannat And ANR v. State Of Bihar And ANR

2023-02-13Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24203 of 2015 Arising Out of PS. Case No.-1868 Year-2011 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj ====================================================== 1.

Noor Jannat and Anr Wife of Masharedin 2.

Keyamul Haque @ Kyamuddin Haque Son of Masharedin Both are Resident of village- Jagmalwa, P.s. Thawe, District- Gopalganj. ... ... Petitioner/s

Versus

1.

State Of Bihar and Anr 2.

Saleha Khatoon wife of Shohrab Ali, Both are Resident of villageJagmalwa, P.s. Thawe, District- Gopalganj. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhramveer For the Opposite Party/s :

Mr. A.L.Pandit APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 13-02-2023 Heard learned counsels for the parties.

This quashing application has been filed on behalf of the petitioners challenging the impugned order dated 22.12.2014 passed by the learned Additional Sessions Judge, I, Gopalganj in Cr. Revision No. 696 of 2012 which was filed against the order of cognizance dated 31.08.2012 by which cognizance under Section 417 of Cr.P.C. was taken.

At this state, this court will not interfere in the impugned order as the petitioner can raise all his grievances at the time of framing of charge and argue before the trial Court that offence is not made-out and if the petitioner makes such an

Patna High Court CR. MISC. No.24203 of 2015(2) dt.13-02-2023 2/2 application, it is the duty of the Court below to consider the same and apply its mind at the time of framing of charge. With the aforesaid observations and directions, this application is disposed of.

(Sandeep Kumar, J) Vikas/Shishir U