Md. Farog v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45117 of 2015 Arising Out of PS. Case No.-2727 Year-2013 Thana- COMPLAINT CASE District- Araria ====================================================== Md. Farog S/o Md. Manir Resident of Village- Farsadangi, P.S. Palasi District Araria.

... ... Petitioner/s

Versus

1.

State Of Bihar 2.

Husneda Begam D/o Matiur Rahman Resident of Village- Farsadangi, P.S. Palasi District Araria.

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

For the Petitioner/s :

Mr.Anil Prasad Singh For the Opposite Party/s :

Mr.Rajendra Nath Jhaapp ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 20-07-2023 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The present application has been filed for quashing the order dated 17.07.2014 passed by the learned J.M. 1st Class, Araria in Complaint Case No. 2727C/2013 whereby and whereunder the learned Court below has taken cognizance under Section 8 of the Protection of Children from Sexual Offence Act, 2012.

The prosecution story in short is that the petitioner is the Dewar of the sister of the Complainant who used to visit her house and also give her gifts on the false promise of marriage. On the occasion of Eid, the petitioner took her for shopping and

Patna High Court CR. MISC. No.45117 of 2015(2) dt.20-07-2023 2/2 committed rape upon her against her will. Later on, the petitioner denied to marry the complainant. Hence, this case. It has been submitted by learned counsel for the petitioner that the opposite party No. 2 is not appearing and cooperating in the Special Court and because of her nonappearance, the petitioner is facing this case since 2013 which arises out of a compliant case.

If the opposite party No. 2 is not appearing in the Court below then the Magistrate should have proceeded in the matter and dismissed the complaint case. It should not be kept pending for appearance of the complainant.

In view of the above, this application is disposed of with a direction to the Magistrate concerned to pass necessary orders in accordance with law within a month from the date of receipt/production of a copy of this order.

Let a copy of the order be communicated to the District Judge, Araria through FAX and e-mail forthwith. (Sandeep Kumar, J) Saif/- U T