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Patna High CourtCR. MISC./31848/2015dismiss for nonprosecution

Harendra Singh And ORS v. State Of Bihar And ANR

2023-02-21Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31848 of 2015 Arising Out of PS. Case No.-3159 Year-2012 Thana- VAISALI COMPLAINT CASE District- Vaishali ====================================================== 1.

Harendra Singh Son of Late Rameshwar Singh 2.

Shila Devi Wife of Harendra Singh 3.

Babloo Kumar Singh @ Babloo Son of Harendra Singh 4.

Bedamiya Devi W/o Babloo Singh 5.

Nandlal Singh @ Nandlal Son of Harendra Singh All Resident of village - Jarang, P.S. and Distt. - Vaishali ... ... Petitioner/s

Versus

1.

State Of Bihar 2.

Maujelal Singh Son of Daya Singh Resident of village - Katara, P.S. Vaishali Belsar O.P. , District - Vaishali ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

None.

For the Opposite Party/s :

M.Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 21-02-2023 No one appears on call.

This is an application for quashing of the order dated 25.8.2014 passed by Judicial Magistrate, 1st Class, Vaishali at Hajipur in Complaint Case No. 3159 of 2012/Tr. 5009 of 2014 (arising out of Vaishali (Belsar) P.S. Case No. 201 of 2010 whereby cognizance was taken under Sections 328, 302/34 of the Indian Penal Code.

The allegation in the FIR is that the daughter of the complainant was married with Ramchandra Singh but was regularly tortured for dowry and on 27.8.2010, the complainant

Patna High Court CR. MISC. No.31848 of 2015(2) dt.21-02-2023 2/2 got information that she is dead. When he reached her in-laws' house, he found the dead body lying in a bush near the house. Accordingly, the FIR.

The police investigated the matter and submitted charge-sheet whereafter cognizance has been taken against the accused persons on 25.8.2014 under Sections 328, 302/34 of the Indian Penal Code.

Be that as it may, since no one has appeared, the petition stands dismissed for non-prosecution with liberty to raise all the points before an appropriate Court at an appropriate stage.

(Rajiv Roy, J) Ajay Singh/- U T