Patna High CourtCR. MISC./44780/2013dismissed

Ravindra Kumar And ORS. v. The State Of Bihar

2017-05-15Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44780 of 2013 Arising Out of PS.Case No. -null Year- null Thana -null District- NAWADA ===========================================================

1. Ravindra Kumar, Son of Shambhu Paswan R/O Village-Kharat, P.S.-Pakari Warma and District-Nawada

2. Shambhu Paswan Son of Prasadi Paswan R/O Village-Kharat, P.S.-Pakari Warma and District-Nawada

3. Birendra Paswan Son of Shambhu Paswan R/O Village-Kharat, P.S.-Pakari Warma and District-Nawada

4. Satyendra Paswan Son of Shambhu Paswan R/O Village-Kharat, P.S.-Pakari Warma and District-Nawada

5. Chameli Devi Wife of Shambhu Paswan R/O Village-Kharat, P.S.-Pakari Warma and District-Nawada

6. Punam Kumari Wife of Dharmendra Paswan R/O Village-Giriyak, Purainee, P.S.-Giriyak, and District-Nalanda .... .... Petitioner/s

Versus

1. The State Of Bihar .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Griyaghey, Adv. For the State : Mr. Jharkhandi Upadhyay, APP For Opposite Party No.2 : Mr. Amit Kumar Singh, Adv. =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 15-05-2017 Heard learned counsel for the petitioners, learned counsel for the State and learned counsel for the opposite party no.2. 2.

This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 26.06.2013 passed by the learned Sub-Divisional Judicial Magistrate, Nawadah in Complaint Case No. 1361 of 2010 whereby the petitioners have been charged for the offence punishable under Section 498-A of the Indian Penal Code.

Patna High Court Cr.Misc. No.44780 of 2013 dt.15-05-2017 2/2 3.

On perusal of the impugned order dated 26.06.2013, it would be evident that at the request of the petitioners the learned SubDivisional Judicial Magistrate framed charge against the petitioners under Section 498-A of the Indian Penal Code. Apart from the above, from perusal of the complaint also, it would be evident that there is allegation against the petitioners that they subjected the complainant to cruelty for non-fulfillment of demand of dowry. 4.

In that view of the matter, I find no merit in the present application. Accordingly, it is dismissed.

(Ashwani Kumar Singh, J) Pradeep/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 16-05-2017 Transmission Date 16-05-2017