Talat Bano v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44535 of 2013 ====================================================== Talat Bano Wife Of Late Z.A. Mirza , resident of Mohalla- Laksheshwar Bhawan, Pathari Ghat, P.S. Alamganj, District- Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Brij Nandad Prasad For the Opposite Party/s : Mr. Murlidhar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 15-09-2016 Heard Sri Brij Nandan Prasad, learned counsel for the petitioner and Sri Murlidhar, learned Additional Public Prosecutor. The sole petitioner, has approached this court invoking its inherent jurisdiction under section 482 of the Code of Criminal Procedure for quashing of an order dated 27.8.2013 passed by learned Judicial Magistrate, Patna City in Alamganj P.S. Case No. 215 of 2004 corresponding to G.R. No. 1182 of 2004. By the said order petition filed on behalf of the petitioner under section 239 of the Cr.P.C. for discharge was rejected.

Learned counsel for the petitioner submits that regarding allegation of committing forgery in respect of date of birth, the petitioner has also filed a declaratory suit and as such, according to learned counsel for the petitioner during the pendency of the title suit the petitioner may not be allowed to be

Patna High Court Cr.Misc. No.44535 of 2013 (11) dt.15-09-2016 2/2 prosecuted. However, after perusing the F.I.R. as well as material available on record including the impugned order, the court is satisfied that in the impugned order there is no apparent error warranting interference.

The petition stands dismissed.

(Rakesh Kumar, J) Praful/- U T