Diwakar Sharma @ Ram Laddu Sharma v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 24382 of 2013 Arising Out of PS.Case No. -231 Year- 2011 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Diwakar Sharma @ Ram Laddu Sharma S/O Late Suyadeo Singh R/O Village- Bahpura, P.S-Bihta, District- Patna, At Present R/O Priyanka Jwellors, Jakkanpur, P.S- Jakkanpur, District- Patna. .... .... Petitioner
Versus
1. The State of Bihar
2. Umrawati Devi W/O Diwakar Sharma @ Ram Laddu Sharma R/O Village- Bahpura, P.S- Bihta, District- Patna. .... .... Opposite Parties ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Kumar Singh For the Opposite Party/s : Mr. D.P.Tiwari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 4.
29-03-2016 Heard Sri Pramod Kumar Singh, learned counsel for the petitioner and Sri Damodar Prasad Tiwari, learned Addl. Public Prosecutor.
The petitioner, who is husband of complainant/opposite party no. 2, has approached this Court invoking its inherent jurisdiction under Section 482 of the Code of Criminal Procedure, with a prayer to quash an order dated 26-05-2011 passed by the learned Judicial Magistrate 1st Class, Danapur in Complaint Case No. 231(C) of 2011. By the said order, the learned Magistrate, after taking cognizance under Section 498(A) of the Indian Penal Code, has directed for issuance
Patna High Court Cr.Misc. No.24382 of 2013 (4) dt.29-03-2016 2/2 of processes.
It was submitted by learned counsel for the petitioner that subsequently compromise has taken place in between the parties, however; no final order could be passed. He further submits that the complainant, after the order of cognizance, is not taking any interest before the court below.
Prima facie, after going through the order impugned, I do not find any apparent defect warranting interference. Accordingly, I do not find any ground to quash the impugned order.
The petition stands dismissed.
While dismissing this petition, it is made clear that if before the court below, the complainant fails to do appropriate pairvi, the learned court below may pass appropriate order in accordance with law.
(Rakesh Kumar, J.) Anay U T