Aftab Ahmad v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.531 of 2013 ====================================================== Aftab Ahmad son of Late Nooruddin Ahmad, resident of Adalatganj Qrs., Block No.14, Flat No.4, High Court, Colony, P.S.-Kotwali, District- Patna .... .... Petitioner/s
Versus
1.State of Bihar 2.Sanowar Jahan, D/O Late Abdul Moghni, resident Mohalla, Belchi House, Darjee Tola, P.S.-Pirbahore, P.O.-Bankipur, Sabzibagh, District-Patna. .... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : None For the Respondent/s : Mr. Apurva Kumar, A.C. to G.A.-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 03-04-2015 Despite repeated calls, none appears to press this application.
Perused the record and heard learned counsel for the State.
This application under Articles 226 and 227 of the Constitution of India has been filed for quashing entire criminal proceedings arising out of Asthawa P.S. Case No.184 of 2001 in which cognizance has been taken for the offence punishable under section 498A of the Indian Penal Code.
This application was filed on 13th June, 2013. In paragraph 14 of the application, it has been stated that a criminal case is at the stage of hearing after evidence. It would further appear from reading of the application that the petitioner has taken a plea that there is probability of arriving at a settlement between the parties. There is no stay granted by this Court in the matter.
Patna High Court Cr. WJC No.531 of 2013 (7) dt.03-04-2015 2/2 In that view of the matter, it appears that the petitioner has lost interest in the matter and the counsel is also not appearing before the Court. On perusal of the petition, I find from the allegations made in the complaint, which was referred to the police, the ingredients of the offence punishable under section 498A of the Code of Criminal Procedure are attracted. Learned counsel for the State has submitted that there is no legal issue involved in the case on the basis of which prosecution of the petitioner can be quashed. Having regard to the facts and circumstances, I find no merit in the application. It is, accordingly, dismissed. (Ashwani Kumar Singh, J) Md.S./- U T