Rita Devi v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57886 of 2015 Arising Out of PS.Case No. -986 Year- 2013 Thana -GOPALGANJ COMPLAINT CASE DistrictGOPALGANJ =========================================================== Rita Devi Wife of Tuntun Sah, daughter of late Narayan Sah Presently residing at Mohalla Basdila Bazar, P.s Gopalganj, Dist Gopalganj. .... .... Petitioner

Versus

1. The State of Bihar.

2. Tuntun Sah Son of Sri Bhulan Sah resident of Village Siswania, P.s Uchkagaon, Distt Gopalganj.

.... .... Opposite Parties.

=========================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 24-08-2017 This is the second attempt made by the petitioner for quashing the order dated 23.01.2014 passed by the learned Subdivisional Judicial Magistrate, Gopalganj in Complaint Case No. 986 of 2013 by which the petitioner has been summoned to face trial for the offences punishable under Sections 323 and 379 of the Indian Penal Code.

2.

Earlier, the application filed by the petitioner was dismissed as withdrawn, vide order dated 04.12.2014, passed in Cr. Misc. No. 37366 of 2014.

3.

I have perused the complaint and the impugned order

Patna High Court Cr.Misc. No.57886 of 2015 dt.24-08-2017 2/2 passed by the learned SDJM.

4.

It would be manifest from perusal of the record that the ingredients for the offences punishable under Sections 323 and 379 of the Indian Penal Code are attracted as against the petitioner. Moreover, there is no explanation as to why the earlier application was withdrawn and what necessitated the filing of second application. Furthermore, the impugned order was passed on 23.01.2014 and it is not known as to what is the present stage of trial. 5.

The application, being devoid of any merit, is dismissed. (Ashwani Kumar Singh, J.) Kanchan/- AFR/NAFR NAFR CAV DATE NA Uploading Date 28.08.2017 Transmission Date NA