Neelam Kumari v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19515 of 2015 Arising Out of PS.Case No. -2028 Year- 2012 Thana -GOPALGANJ COMPLAINT CASE DistrictGOPALGANJ ====================================================== Neelam Kumari, wife of Sri Umesh Chandra Sinha, resident of village of 102, Sushma Apartment, Rajendra Nagar, Road No. 10, Police StationKadamkuan, District- Patna. .... .... Petitioner
Versus
1. The State of Bihar.
2. Ram Naresh Ram, son of Sri Kailash Ram, resident of VillageGamhariya, Police Station -Jadopur, District Gopalganj .... .... Complainant-Opposite Parties ====================================================== Appearance :
For the Petitioner/s : Mr. Prabhat Kumar, Advocate For the Opposite Party/s : Mr. Nirmal Kr. Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 07-05-2015 The present application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 24.04.2014 passed by the learned Chief Judicial Magistrate, Gopalganj in Complaint Case No. C-2028 of 2012 whereby the learned Chief Judicial Magistrate has taken cognizance for the offence punishable under Sections 385 and 504 read with 34 of the Indian Penal Code and she has been summoned to face trial.
Patna High Court Cr.Misc. No.19515 of 2015 (2) dt.07-05-2015 2 / 2 A bare perusal of the impugned order would show that the summoning order has been passed not only on the basis of the complaint but also after taking into consideration the statement of the complainant on oath as well as the deposition of the inquiry witnesses. Neither the statement of the complainant nor the deposition of the witnesses has been annexed to the present application filed by the petitioner. In that view of the matter, I find it difficult to decide the case on merits.
Accordingly, the application is disposed of with a liberty to the petitioner to file another application in the same subject matter after bringing on record all the relevant documents.
(Ashwani Kumar Singh, J.) Sanjeet/- U T