Rehana Khatoon And ORS. v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43788 of 2014 Arising Out of PS.Case No. -39 Year- 2014 Thana -MAHILA P.S. District- ARRARIA ======================================================

1. Rehana Khatoon Wife of Md. Shoaib

2. Md. Aquib @ Rizvi Son of Md. Shoaib

3. Suraiya Parween @ Rimjhim D/o of-Md. Shoaib All resident of MohallaChandpura, Simila Colony, P.S.-Chandpura, Bokaro

4. Fatima Parween @ Fatima Ayaz @ Chanda Wife of Md. Ayab Resident of-Jamshedpur Alif Lam Mim, P.S. and District-Jamshedpur.

5. Tabbasum @ Tabbasum Parween Wife of Shahjahan Resident of Mohalla-Tapasiya, Kolkata.

6. Firoz @ Md. Firoz Alam Son of Late Gulam Abbas Resident of Mohalla-Urdu Bazar, P.S.-Laheria Sarai, District-Darbhanga.

7. Shabana Khatoon @ Sabnam Wife of Md. Sarwar Resident of MohallaPusliya Bazar, Zakir Nagar, Azad Naga, P.S. and District-Jamshedpur. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Zinat Aamrin Daughter of Salauddin Resident of Mohalla-Haji Mohalla Jogwani, P.S.-Jogwani, District-Araria.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Khurshid Alam, Adv. For the Opposite Party/s : Dr. Indiwar Kumar, App ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 12-03-2015 No one appears on behalf of the Opposite Party No. 2 on repeated dates.

The petitioners seek quashing of the first information report of Mahila Araria P.S. Case No. 39 of 2012 on the ground that it has been instituted after the Talak was pronounced by the husband as per 'Sariat Law'.

It is submitted that the present petitioners who are in-laws are residing at different locations and had no concern with the

Patna High Court Cr.Misc. No.43788 of 2014 (4) dt.12-03-2015 2/2 affairs of the informant and her husband.

However, since this is an application for quashing of the first information report, and investigation should be rarely interfered with, the application is disposed of with a direction to the Investigating Officer to consider the aforesaid facts and conclude the investigation positively, within a period of three months from the date of receipt of this order. Let this order be communicated to the Superintendent of Police concerned through Fax for its onward transmission to the Investigating Officer of the concerned police station. The application stands disposed of with the aforesaid observations.

(Anjana Prakash, J) Prakash/- U T