Amit Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52937 of 2017 Arising Out of PS. Case No.-589 Year-2016 Thana- SITAMARHI COMPLAINT CASE District- Sitamarhi ====================================================== Amit Kumar Son of Nagendra Prasad Gupta, Resident of Village-Riga Mill Chowk, Police Station-Riga, District-Sitamarhi Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sonam Kumari Wife of Ashok Kumar, Resident of Village-Riga Mill Chowk, Police Station-Riga, District-Sitamarhi Bihar at Present of VillageCakhni, Police Station-Bagha, District-West Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Ranjan, Advocate For the Opposite Party/s :

Ms. Pushpa Sinha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-12-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. On query of the Court from the learned counsel for the petitioner with regard to the stage of the case, the learned counsel for the petitioner very fairly submitted that despite his best endeavour, he could not seek instruction in the matter either from the petitioner or the deponent of the affidavit as such he is not in a position to abreast the Court with the present status of the case.

3. Learned A.P.P. for the State thus submits that the present quashing application has been filed seeking quashing of the order dated 27.06.2016 whereby cognizance of the offences under Section 498A of the Indian Penal Code read with Section

Patna High Court CR. MISC. No.52937 of 2017(2) dt.06-12-2023 2/2 4 of the Dowry Prohibition Act was taken. It is further submitted that much water has flown and since the petitioner has not contacted the learned counsel for the petitioner it amply demonstrates that by now the stage of the case must have changed or the trial might have been concluded.

4. Considering the submissions made by the learned A.P.P. for the State, the Court is not inclined to entertain the quashing application.

5. Accordingly, the quashing application stands dismissed.

6. However, the same would not denude the petitioner availing all the issues at the time of framing of charges if charges till date have not been framed.

(Satyavrat Verma, J) Kundan/- U T