Patna High CourtCR. MISC./24772/2009allowed

Kunal Kumar Sharma v. The State Of Bihar And ANR

2015-07-31Justice Smt. Anjana Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 24772 of 2009 Arising out of P.S. Case No. -0 Year- null Thana -null District- NALANDA (BIHARSHARIFF) ======================================================== Kunal Kumar Sharma, Son of Shri Shyam Nandan Prasad Sharma, Resident of Village+P.O.+P.S.-Singheshwar, District-Madhepura. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Smt. Indu Devi, W/o Shri Santosh Kumar, Resident of VillageAraout, P.S.-Bena (Chandi) District-Nalanda. .... .... Opposite Party/s ======================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar, Adv. Mr. Shyam Kishore Das, Adv.

Mr. Rajeev Ranjan, Adv.

For the Opposite Party/s: Mr. Ajay Kumar Singh, APP. ======================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 31-07-2015 No one appears on behalf of the Opposite Party No. 2.

The Petitioner seeks quashing of the order of cognizance dated 28.12.2005 passed by the Judicial Magistrate, 2nd Class, Hilsa, Nalanda in Complaint Case No. 639 of 2004.

The case of the Complainant is that on the date of occurrence the accused came to her house and started abusing her and also assaulting her and the family members. She then made a Complaint to the S.P. Nalanda but nothing happened and, hence, the present Complaint.

Patna High Court Cr.Misc. No.24772 of 2009 dt.31-07-2015 It has been submitted on behalf of the Petitioner that in fact Bena (Chandi) P.S. Case No. 200 of 2014 had been instituted against the father-in-law and brother-inlaw of the Complainant and in course of its investigation the accused persons had gone to oust them but instead the present Complaint was filed maliciously.

Having considered the aforesaid aspect of the matter, I am inclined to hold that the present Complaint is not sustenable and deserves to be set aside. Hence, the order of cognizance dated 28.12.2005 passed by the Judicial Magistrate, 2nd Class, Hilsa, Nalanda in Complaint Case No. 639 of 2004 is, hereby, set aside.

The Application stands allowed.

Vikash/- (Anjana Prakash, J.) U T