Md.Shamim And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.1030 of 2006 Arising Out of PS.Case No. -0 Year- null Thana -null District- PATNA ===========================================================

1. Md. Shamim son of Md. Atim

2. Md. Shakeel son of Md. Shamim, both resident of Mohalla Durja, P.S. Budha Colony, Town and District Patna .... .... Petitioner/s

Versus

1. The State of Bihar

2. Saida Khatoon wife of late Md. Atim, resident of Mohalla Dujra, P.S. Budha Colony, Town and District Patna .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr. Laxmi Nr. Das, Advocate For Opposite Party No.2 : Mr. Dhirendra Kumar, Advocate =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 19-04-2016 The Petitioners seek setting aside the order dated 16.9.2006, by which the Judicial Magistrate, Patna allowed the Opposite Party No.2 to substitute herself instead of the Complainant in Complaint case No.54C of 2002.

It has been submitted that the Petitioner No.1 is the son, and Petitioner No.2 the grand son of the original Complainant who had instituted a case under minor offences against them. Subsequently he died on account of old age, so step mother was permitted to substitute herself which the Court allowed. It has further been submitted that since the offence is so petty and the Complainant is no more, the prosecution should be set aside.

Patna High Court CR. REV. No.1030 of 2006 dt.19-04-2016 2/2 I am inclined to agree with such submission.

In view of such, the application is allowed and the proceeding of Complaint case No.54C of 2002 including the order dated 16.9.2006 passed by the Judicial Magistrate, Patna in Complaint case No.54C of 2002 is hereby set aside.

(Anjana Prakash, J) Narendra/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 25.04.2016 Transmission Date 25.04.2016