Ashok Kumar Pandit v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1765 of 2015 Arising Out of PS.Case No. -2582 Year- 2013 Thana -SARAN COMPLAINT CASE DistrictSARAN =========================================================== Ashok Kumar Pandit son of Ram Udar Pandit, resident of village - Bechangiri Ke Mathiya, P.O. - Tarwa Parsa, P.S. - M.H. Nagar, Hasanpura, District - Siwan. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Sunita Pandit, daughter of Krishna Pandit, resident of village - Hariharpur, P.S.- Baniapur, District - Saran (Chapra).
.... .... Opposite Party/s =========================================================== Appearance :
For the Petitioner/s : Mr. Arun Kumar Rai, Advocate For the Opposite Party/s : Mr. Abinash Kumar, Advpcate For the State : Mr. Rajiv Nayan, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 03-08-2015 Heard learned counsel for the petitioner and learned counsel for the opposite party no.2.
2. This application under section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 3.6.2014 passed by the learned Sub- Divisional Judicial Magistrate, Saran at Chapra in Complaint Case No.2582 of 2013 whereby the learned Magistrate has summoned the petitioner under section 498A of the Indian Penal Code after taking cognizance of the offence.
3. The petitioner happens to be the husband of the complainant. In the complaint petition it is alleged that the complainant was being subjected to cruelty in her matrimonial home
Patna High Court Cr.Misc. No.1765 of 2015 dt.03-08-2015 2/2 for non-fulfillment of demand of dowry. The complainant has supported her version in the statement made on oath.
4. Taking into consideration the allegations made in the complaint petition as also the statement of the complainant on oath, the learned Magistrate has taken cognizance of the offence and summoned the petitioner to face trial.
5. I find no illegality in the order impugned. Accordingly, the application, being devoid of any merit, is dismissed. (Ashwani Kumar Singh, J) Md.S./- U T