Patna High CourtCR. MISC./22337/2014dismissed

Madhuri Pandey v. State Of Bihar And ANR

2017-09-06Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22337 of 2014 Arising Out of PS.Case No. -605 Year- 2009 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Madhuri Pandey, W/o Prabhu Nath Pandey, resident of Kalyani Cooperative Beur, P.O.- Phulwarisharif, District- Patna .... .... Petitioner/s

Versus

1. The State of Bihar

2. Jolly Kumri, W/o Lalit Mohan Tiwary, resident of Kalyani Cooperative Beur, P.O.- Phulwarisharif, District- Patna .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : None For the Opposite Party/s : Mr. Binod Kumar 2, APP Mr. Manish Kumar No.2, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 9/ 06-09-2017 None appears on behalf of the petitioner.

Counsel for the State as well as Opposite Party No.2 are present.

This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 13.03.2014 passed by the Judicial Magistrate, 1st class, Patna, in Complaint Case No.605-C of 2009 by which the petition filed on behalf of the petitioner under Section 205 Cr. P. C. has been rejected.

It appears from the record that counsel for the petitioner is not appearing since last 3-4 dates. Counsel for the Opposite Party No.2 has submitted

Patna High Court Cr.Misc. No.22337 of 2014 (9) dt.06-09-2017 2/2 that the petitioner has surrendered in the Court below and has been granted regular bail. The circumstance has, now, changed. The petitioner has every right to file fresh petition under Section 205 Cr. P. C. in accordance with law, if she wishes. In view of such, this Court does not find any reason to interfere with impugned order dated 13.03.2014 passed by the Judicial Magistrate, 1st class, Patna, in Complaint Case No.605-C of 2009, by which the petition filed on behalf of the petitioner under Section 205 Cr. P. C. has been rejected. This application is, accordingly, dismissed.

(Sanjay Priya, J) JA/- U T