Patna High CourtCR. MISC./6511/2014dismissed

Rasbihari Prasad And ANR. v. State Of Bihar And ANR

2016-11-19Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6511 of 2014 Arising Out of PS.Case No. -138 Year- 2013 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Rasbihari Prasad Son Of Late Nainipat Rai

2. Anjit Rai @ Anajit Kumar Son Of Rasbihari Prasad All Resident Of Village + P.O. - Kachchi Dargah, Police Station - Didarganj, District- Patna - 803201.

.... .... Petitioner/s

Versus

1. The State Of Bihar.

2. Nirson Rai Son Of Late Babulal Rai Resident Of Village - Dedaura, Naya Tola, Police Station -Bakhtiarpur, District- Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Chandra Shekher Prasad, Advocate For the Opposite Party/s : Mr. Vinod Shankar Modi(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 19-11-2016 Heard learned counsels for the parties. The present application has been filed for quashing the order dated 28.10.2013 passed by the learned Additional Chief Judicial Magistrate, Barh, Patna in Complaint Case no. 138 ( C) /2013 whereby the processes were directed to be issued after cognizance being taken for offences punishable under Sections 323 and 379/34 of the Indian Penal Code.

Learned counsel for the petitioners submits that petitioner No. 1 is the father of the daughter-in-law of the complainant whereas the petitioner No. 2 is the son of petitioner No. 1. The daughter of petitioner No. 1 was married to the son of

Patna High Court Cr.Misc. No.6511 of 2014 (5) dt.19-11-2016 2/2 the complainant and the petitioners' side had filed a Complaint Case No. 137 of 2013 on 07.2.2013 against the complainant under Section 498 (A) of the Dowry Prohibition Act in which cognizance has been taken against the complainant. He submits that the present application has been filed as a retaliatory nature. Having perused the materials on record I find that the allegations made in the Complaint Case do attract the ingredients of cognizable offence against the above named petitioners. This application is, accordingly, dismissed.

(Nilu Agrawal, J) Sudha/- U T