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Patna High CourtCR. MISC./6326/2016disposed

Chanchal Singh @ Chanchal Kumar Singh @ Chanchai Singh @ Chanchai Kumar Singh v. State Of Bihar And ANR

2016-07-15Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6326 of 2016 Arising Out of PS.Case No. -802 Year- 2010 Thana -ROHTAS COMPLAINT CASE DistrictSASARAM (ROHTAS) ======================================================

1. Chanchal Singh @ Chanchal Kumar Singh @ Chanchai Singh @ Chanchai Kumar Singh son of Ajit Kumar Singh @ Binod Singh resident of Mohalla- Nasiriganj Ward No. 3, Police Station- Nasisriganj, District- Rohtas at Sasaram.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Usha Devi wife of Chanchal Singh @ Chanchal Kumar Singh @ Chanchai Singh @ Chanchai Kumar Singh, Daughter of Mahendra Singh, resident of Mohalla- Nasiriganj Ward no. 3, Police StationNasisriganj, District Rohtas at Sasaram. At present resident of VillageMusawat Tola, Police Station- Natwar, District- Rohtas at Sasaram. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raghunandan Kumar Singh For the Opposite Party/s : Mr. Narsingh Tanti(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-07-2016 The present application has been filed for quashing the order dated 25.11.2010 passed by learned SubDivisional Judicial Magistrate, Rohtas at Sasaram in Trial No. 1698 of 2013, arising out of Complaint Case No. 802 of 2010, wherein processes were directed to be issued after cognizance being taken for the offences punishable under Sections 323, 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

The order dated 04.01.2013 reflects that the matter was posted for evidence at pre-charge level at the stage of Section 244 Cr.P.C. Hence, this Court is not inclined to

Patna High Court Cr.Misc. No.6326 of 2016 (2) dt.15-07-2016 2/2 interfere.

Accordingly the application is disposed of with liberty to the petitioner to raise all the contentions at the time of framing of the charge.

(Dinesh Kumar Singh, J) Shageer/- U T