Patna High CourtCR. MISC./36613/2013dismissed

Raja Ram Vishwakarma And ORS v. State Of Bihar And ANR

2017-04-03Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36613 of 2013 Arising Out of PS.Case No. -359 Year- 2009 Thana -AURANGABAD COMPLAINT CASE District- AURANGABAD ======================================================

1. Raja Ram Vishwakarma S/O Late Ram Jatan Vishwakarma Resident Of Village Bagha, P.S. Barachatti, District Gaya At Presently Residing At Flag No. 67, Ram Mandir Road (Navinagar) Kunapur Pardi, Nagpur. .... .... Petitioner/s

Versus

1. The State Of Bihar.

2. Rupa Devi D/O Shiv Prasad Sarma Resident Of Village Sarsauli Tola Timar Bigha, P.O. Sarsauli, P.S. Jamhore, District Aurangabad. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dharmendra Kumar Sinha For the Opposite Party/s : Mr. Veena Rani Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 03-04-2017 No one is present on behalf of the petitioner. The learned A.P.P. is present.

This criminal miscellaneous has been filed for quashing the order dated 10.03.2011 passed by Sub-Divisional Judicial Magistrate, Aurangabad in Complaint Case No. 359 of 2009 whereby and whereunder cognizance was taken against the petitioners for offence under Section 498-A of the Indian Penal Code.

Perused the complaint petition as well as the order dated 10.03.2011, Sub-Divisional Judicial Magistrate, Aurangabad after considering the materials available on the record during

Patna High Court Cr.Misc. No.36613 of 2013 (7) dt.03-04-2017 2/2 enquiry has come to the conclusion that prima facie case is made out against the accused persons (petitioners) under Section 498-A IPC and, accordingly, order for issuing summon has been passed. The learned Sub-Divisional Judicial Magistrate, after considering sufficient materials available on the record which have come during enquiry, has passed the impugned order. There being no illegality incorrectness or impropriety, the same does not require any interference by this Court.

In the result, finding no merit in this criminal miscellaneous the same is hereby dismissed.

(Jitendra Mohan Sharma, J) sushma/- U T