Patna High CourtCR. MISC./30276/2014dismissed

Niraj And ANR. v. State Of Bihar And ANR

2017-07-12Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30276 of 2014 Arising Out of P.S.Case No. -753 Year- 2013 Thana -KOTWALI District- PATNA ===========================================================

1. Niraj S/o Chandeshwar Rai Resident of village- Mane Chalk, P.S.- Chakwa, District- Sitamarhi

2. Bitu Paswan S/o Nand Kishore Paswan resident of village- Fesera, P.S.- Rafiganj, District- Aurangabad .... .... Petitioners

Versus

1. The State of Bihar &

2. Ajay Kumar Verma, son of Late Krishna Kumar Verma, resident of Uday Prakash Dutatta Permanent Path Nageshwar Colony, Boring Road, Patna P.S. Kotwali, District-Patna.

.... .... Opposite Parties =========================================================== Appearance :

For the Petitioners : Mr. Gopal Tiwari, Advocate For the Opposite Party : Mr. Gajendra Prasad Yadav, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL JUDGMENT Date: 12-07-2017 Heard.

2. This is an application under Section 482 of the Cr.P.C. praying therein to quash the order dated 11.02.2014 passed by CJM, Patna in Kotwali P.S.Case No.753 of 2013.

3. On going through the impugned order as well as documents available on record, I find that the above case was registered on the written report submitted to SHO of Kotwali P.S. where the informant has alleged that the petitioners are tenant of his father-in-law. These petitioners usually visit nears his balcony without cloth and utter filthy language seeing the female members of his

Patna High Court Cr.Misc. No.30276 of 2014 dt.12-07-2017 2/2 family. The matter was enquired by the police who submitted chargesheet against the petitioners for the offence under Sections 509 and 354/34 of the IPC and the Magistrate after going through the material available on record has rightly taken cognizance against the petitioners.

4. In view of the above facts, I do not find any illegality requiring any interference in the impugned order. Accordingly, this criminal miscellaneous application is dismissed. (Sanjay Kumar, J) B.Kr./- AFR/NAFR CAV DATE Uploading Date 14,07.2017 Transmission Date 14.07.2017