Neelam Kumari @ Neelam Devi v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24468 of 2016 Arising Out of PS.Case No. -1264 Year- 2014 Thana -SITAMARHI COMPLAINT CASE DistrictSITAMARHI ====================================================== Neelam Kumari @ Neelam Devi, D/o Devan Thakur, Resident of VillageMachhaha, P.S. District Sitamarhi. .... .... Petitioner/s
Versus
1. The State of Bihar
2. Shiv shankar Thakur, Son of Sita Ram Thakur, resident of VillageMachhaha, P.S. District Sitamarhi.
3. Ram Pravesh Thakur, Son of late Gagan Deo Thakur
4. Manoj Kumar, son of Ram Pravesh Thakur
5. Umesh Kumar, Son of Ram Pravesh Thakur All are Resident of Village- Marainpur PS Piparahi, District Sheohar.
6. Seema Kumari wife of Shivshankar Thakur, Resident of VillageMechhaha PS Sitamarhi, District Sitamarhi. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Alok Kumar Jha, Advocate. For the State : Mr. Jharkhandi Upadhyay, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 14-09-2018 This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 02.05.2015 passed by learned Sub Divisional Judicial Magistrate, Sadar, Sitamarhi, in Complaint Case No. C-1264 of 2014 by which the learned Magistrate after holding enquiry has found prima facie case against the opposite parties No. 2 for the offence under Sections 493 and 120B of the Indian Penal Code. Since the impugned order dated 02.05.2018 with respect to the opposite parties Nos. 2 and 6 has been quashed by
Patna High Court Cr.Misc. No.24468 of 2016 (4) dt.14-09-2018 2/2 order dated 14.09.2018 passed in Cr. Misc. 3139 of 2016, this Court does not find any merit in the instant petition filed by the petitioner against the order dated 2.5.2015 passed in Complaint Case No. C1-1264 of 2014 by learned Sub Divisional Judicial Magistrate, Sadar, Sitamarhi, by which he has not taken cognizance under Section 376 Indian Penal Code against opposite party Nos. 2 and 6.
Therefore, the application stands dismissed.
(Sanjay Priya, J) S.Ali/- U T