Patna High CourtCR. MISC./22457/2024disposed

Md. Rahmat @ Md. Rahmat Ali @ Md. Rahmat Alam v. The State Of Bihar

2024-09-12Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22457 of 2024 Arising Out of PS. Case No.-1078 Year-2014 Thana- MADHEPURA COMPALINT CASE District- Madhepura ====================================================== MD. RAHMAT @ MD. RAHMAT ALI @ MD. RAHMAT ALAM SON OF LATE MD. NAIMUDDIN @ NAIM RESIDENT OF VILLAGE - KHOKHSI, WARD NO. 2, OLD MASJID, P.S. - GWALPARA, DISTRICT - MADHEPURA ... ... Petitioner/s

Versus

THE STATE OF BIHAR 2.

AFSANA KHATOON WIFE OF MD. RAHMAT RESIDENT OF VILLAGE - KHOKHSI, WARD NO. 2, OLD MASJID, P.S. - GWALPARA, DISTRICT - MADHEPURA. PRESENTLY RESIDING AT C/O. MD. SFIQUE, RESIDENT OF VILLAGE - BHORRAHA (MUSLIM TOLA), P.S. - BELDAUR, DISTRICT - KHAGARIA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar Singh For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 12-09-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The present application has been filed for quashing the order dated 25.01.2026 passed by the learned S.D.J.M., Khagaria in Complaint Case No. 1078c of 2014 by which the cognizance under Section 498-A of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act has been taken against the petitioner.

3. It has been submitted by the learned counsel for the petitioner that on the same issue, there is an F.I.R. also.

Patna High Court CR. MISC. No.22457 of 2024(2) dt.12-09-2024 2/2

4. In these circumstances, this application is disposed of with liberty to the petitioner to file an application under Section 210 of the Cr. P.C. in the court of the Magistrate.

5. If such an application is filed, the same shall be considered on merits and disposed of in accordance with law within fifteen days from date of its filing.

(Sandeep Kumar, J) Saif/- U T