Avinash Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42449 of 2014 Arising Out of PS.Case No. -51 Year- 2012 Thana -MUFFASIL District- AURANGABAD ====================================================== Avinash Yadav, Son of Late Bhagwan Yadav, Resident of Village - Badali, P.S. Mufassil, District - Aurangabad .... .... Petitioner/s

Versus

1. The State of Bihar

2. Shanti Devi, D/o Ram Keshi Yadav resident of village - Pepardih, P.O. and P.S. Aurangabad ( Nagar ), District - Aurangabad

3. Nanhku Yadav, Son of Kameshwar Yadav, Resident of Village - Dhathipar, P.O. Gurgaiya Karma, P.S. Mufassil, Aurangabad, District - Aurangabad .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar Sinha For the Opposite Party/s : Md.Sufiyan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 30-11-2017 Heard learned counsel for the petitioner as well as learned counsel for the State.

2. petitioner seeks quashing of entire criminal proceeding inclusive the cognizance order dated 07.09.2012 passed by the learned Chief Judicial Magistrate, Aurangabad in Mufassil P.S.Case No. 51 of 2012 thereby taking cognizance of offence under Sections 379, 494, 498A and 34 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that in fact the informant, wife of the petitioner, has married with another man and living with him, so she has deserted him.

4. However, this cannot be a ground for setting aside

Patna High Court Cr.Misc. No.42449 of 2014 (3) dt.30-11-2017 2/2 the cognizance order, as the defence of the petitioner cannot be considered for quashing the cognizance order and it is not the case that the allegation stated in the FIR does not make out the offence. So this application stands dismissed.

(Arun Kumar, J) Sujit/- U T