Patna High CourtCR. REV./959/2014dismissed

Godawari Devi v. The State Of Bihar

2017-02-15Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.959 of 2014 ======================================================

1. Godawari Devi Wife of Ram Prasad Singh resident of village- Rampur Dayal, P.S.- Piar, District- Muzaffarpur .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Anand For the Respondent/s : Mr. Vinod Shankar Modi(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 15-02-2017 Heard learned counsel for the parties.

2. The petitioner is aggrieved by an order, dated 22.08.2014, passed by learned Judicial Magistrate, Ist Class, Muzaffarpur, in Complaint Case No. 3423 of 2013, whereby he has rejected protest petition filed by the petitioner.

3. The petitioner had filed an F.I.R alleging commission of the offence punishable under Sections 341,323,379,504 and 506 of the Indian Penal Code against five persons. The police upon completion of investigation, however, submitted charge-sheet against two persons, namely, Arun Kumar and Anamika Devi. The petitioner, thereafter, filed a protest-cum-complaint petition with a grievance that the police wrongly did not submit chargesheet against others. In course of inquiry, some of the prosecution witnesses deposed before the Court. Upon

consideration of the said statement of the witnesses recorded in course of inquiry, learned Court below thought it not proper to proceed against them.

4. I have perused the impugned order and the deposition of the witnesses, which have been brought on record.

5. I do not find any illegality in the order passed by the Court below wherein it has been rightly observed that the persons against whom no charge-sheet was submitted by the Police have been falsely and maliciously dragged in the criminal case.

6. I do not find any merit in this application.

7. This application is dismissed.

ArunKumar/-s (Chakradhari Sharan Singh, J) U