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Patna High CourtCR. MISC./44560/2024dismissed

Samir Raj @ Devnandan @ Devanand v. The State Of Bihar

2024-07-29Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44560 of 2024 Arising Out of PS. Case No.-499 Year-2018 Thana- BODHGAYA District- Gaya ====================================================== Samir Raj @ Devnandan @ Devanand Son Of Sri Jagannath Yadav VillageBhalua, Ps- Bodhgaya, Dist- Gaya ... ... Petitioner/S

Versus

1.

The State Of Bihar 2.

Rupa Devi Wife Of Samir Raj @ Devnandan Village- Bhagalpur, PsBodhgaya, Dist- Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Om Prakash Kumar, Advocate For the Opposite Party/s :

Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 29-07-2024 Heard learned counsel for the parties.

2. This application has been filed for quashing the cognizance order dated 07.12.2019 in connection with Bodhgaya P.S. Case No.499 of 2018, passed by the learned Chief Judicial Magistrate, Gaya, by which, learned Magistrate has taken cognizance under Sections 498A, 494 of the IPC and Section 4 of the D.P. Act against the petitioner.

3. The petitioner wants quashing of the order taking cognizance on the ground that the girl had deserted him after cognizance. This is no ground for quashing the cognizance order.

4. Accordingly, this application is dismissed with

Patna High Court CR. MISC. No.44560 of 2024(2) dt.29-07-2024 2/2 liberty to the petitioner to raise all the grounds at the stage of framing of charge.

5. The petitioner may pray for settling the dispute with his wife in the District Court itself.

(Sandeep Kumar, J) Guddu/- U