Patna High CourtCR. MISC./25208/2010dismissed

Ajay Singh v. State Of Bihar

2017-03-02Mr. Justice Rajendra Kumar Mishra2 pages

Patna High Court Cr.Misc. No.25208 of 2010 dt.02-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25208 of 2010 Arising Out of PS.Case No. -0 Year- null Thana -null District- SARAN =========================================================== Ajay Singh, Son of Ram Badan Singh, Resident of Village- Daudpur, P.S.- Daudpur, District Saran at Chapra.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL JUDGMENT Date: 02-03-2017 Heard.

2. This application, under Section 482 of the Code of Criminal Procedure, is directed against the order dated 20.07.2007 passed in Marhauraha P.S. Case No. 167 of 2007, whereby the learned Chief Judicial Magistrate, Saran at Chapra, sending the Complaint Case No. 2189 of 2007 filed on behalf of Babi Singh, under Section 156(3) Cr.P.C., for investigation and submission of final form.

3. On perusal of record, it appears that written complaint case was filed on behalf of Babi Singh against her husband (petitioner) and in-laws, on which basis, Marhauraha P.S. Case No. 167 of 2007 was instituted on 02.09.2007 for the offence, under Sections 498(A), 504, 506 and 323 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

Patna High Court Cr.Misc. No.25208 of 2010 dt.02-03-2017

4. A report of Sub-Divisional Judicial Magistrate, Saran at Chapra has been received through letter no. 72 dated 03.02.2017, which disclosed that at present the case is fixed for appearance of accused persons including the petitioner for framing of charge after submission of charge sheet. As such, I find no reason to quash the order dated 20.07.2007 sending the Complaint Case No. 2189 of 2017, under Section 156(3) Cr.P.C. for investigation and submission of final form.

5. Accordingly, this application is dismissed. However, the petitioner would be at liberty to raise his defence/points in trial court at the appropriate stage.

(Rajendra Kumar Mishra, J) Bhardwaj/- AFR/NAFR CAV DATE Uploading Date Transmission Date