Jitendra Chaubey And ANR. v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3801 of 2015 Arising Out of PS.Case No. -246 Year- 2011 Thana -WEST CHAMPARAN COMPLAINT DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Jitendra Chaubey son of Harendra Chaubey
2. Sanjay Kumar Chaubey son of Chandrika chaubey Both are residents of Lal Saraiya, P.S-Majhauliya, District-West Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar 2.Neha Devi daughter of Anil Tiwary, resident of village- Karnamaya, P.SBettiah (Muffasil), District-West Champaran .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s : Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 05-08-2015 In the instant application filed under section 482 of the Code of Criminal Procedure (for short "the Code"), the petitioners seek quashing of the order dated 29.10.2014 passed by the learned Sub-Divisional Judicial Magistrate, Bettiah, West Champaran in Special Case No.652 of 2011/493 of 2013 arising out of Complaint Case No.246C of 2011 whereby the learned Magistrate has summoned the petitioners to face trial for the offences punishable under section 498A of the Indian Penal Code as well as sections 3 and 4 of the Dowry Prohibition Act. From perusal of the impugned order dated 29.10.2014 it would appear that the learned Magistrate has summoned the
Patna High Court Cr.Misc. No.3801 of 2015 (3) dt.05-08-2015 2/2 petitioners after taking into consideration the statement of the complainant on oath and the statements of the witnesses examined in course of enquiry under section 202 of the Code. In the present application neither the statement of the complainant nor the statements of the witnesses examined in course of enquiry has been brought on record. In absence of those documents, I find it difficult to adjudicate this application on merit.
In that view of the matter, the application is disposed of with liberty to the petitioners to file another application in the same subject matter after bringing on record all the relevant documents on the basis of which the learned Magistrate passed the impugned order.
(Ashwani Kumar Singh, J) Md.S./- U T