Iblur Hasan @ Md. Iblur Hassan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26396 of 2014 Arising Out of PS.Case No. -793 Year- 2012 Thana -KATIHAR COMPLAINT CASE DistrictKATIHAR ====================================================== Iblur Hasan @ Md. Iblur Hassan S/o Kamrul Hasan resident of village + Post - Morsanda, P.S. - Falka, Dist - Katihar (Bihar). .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Pramod Kumar Mallick, Advocate For the Opposite Party/s : Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 19-07-2017 The instant petition is filed challenging the order of cognizance dated 11.01.2013 whereby cognizance of the offence under sections 498-A and 406 of the Indian Penal Code has been taken. Allegation in the complaint is of torture and of force sale of certain lands said to be owned by the complainant. In the instant proceedings also the complainant has filed a counter affidavit and supported the allegation of torturing her.

Since the allegations in the complaint petition are sufficient to come to a prima facie opinion that offences under the sections in which cognizance has been taken are made out the order taking cognizance cannot be faulted, the application under section 482 Cr.P.C. is misconceived and is accordingly dismissed. (Madhuresh Prasad, J) veena/- U T