Patna High CourtCR. MISC./40646/2013dismissed

Soni Kumari v. State Of Bihar And ANR

2017-11-23Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 40646 of 2013 Arising Out of PS.Case No. -132 Year- 2007 Thana -HARIZAN District- BEGUSARAI =========================================================== Soni Kumari, Wife of Gore Lal Sah, Resident of Village - Paharpur, P.S. - Ballia, District - Begusarai .... .... Petitioner

Versus

1. The State of Bihar

2. Basanti Kumari, Wife of Manoj Paswan, Resident of Village - Paharpur, P.S. - Ballia, District - Begusarai .... .... Opposite Parties =========================================================== Appearance :

For the Petitioner : Mr. Abul Kalam, Advocate For the Opposite Party No. 2 : Mr.

For the State : Mr. Nand Kumar, A.P.P.

=========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 23-11-2017 Heard learned counsel for the parties.

This application under Section 482 Cr.P.C. was filed on 19.09.2013 for quashing the order taking cognizance dated 15.02.2010 passed in connection with Begusarai SC/ST P.S. Case No. 132 of 2007 whereby cognizance was taken against the petitioner under Sections 420, 467, 468, 471 and 120(b) of the Indian Penal Code.

Submission of the learned counsel for the petitioner is that a bare perusal of the FIR would reveal that no case as alleged is made out against the petitioner.

To counter the aforesaid submission, contention of the learned counsel appearing for opposite party no. 2, the informant of the case is that the charges were already framed on 25.02.2011

Patna High Court Cr.Misc. No.40646 of 2013 dt.23-11-2017 2/2 itself before filing of the present application for quashing of cognizance order, hence, this application is not maintainable. Since the petitioner has suppressed the factum of framing of charge in this case and also considering the stage of the trial, this Court is not inclined to interfere with the impugned order. (Birendra Kumar, J) Kundan/- AFR/NAFR N.A.

CAV DATE N.A.

Uploading Date 25.11.2017 Transmission Date 25.11.2017