Kanhaiy Yadav @ Kanhaiya Yadav v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39808 of 2010 Arising Out of PS.Case No. -0 Year- null Thana -null District- MUNGER =========================================================== Kanhaiy Yadav @ Kanhaiya Yadav son of Ragho Yadav, resident of village Lal Karbaja, P.S. Kotwali Munger, District Munger .... .... Petitioner/s
Versus
1. The State of Bihar
2. Nutan Kumari wife of Kanhaiy Yadav, resident of village Lalbajar, P.S. Kotwali, District Munger, at present resident of Nutan Kumari, D/o Chandrika Yadav, village Mahuli, P.S. Mufasil, Dist. Munger .... .... Opposite Party/s =========================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Prasad, Advocate For the Opposite Party/s : Mr. M.K. Khare, APP =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 22-02-2016 No one appears on behalf of the Opposite Party No.2. The Petitioner, who is the husband of the Opposite Party No.2, seeks quashing of the order of cognizance dated 24.11.2009 passed by the S.D.J.M., Munger in Kotwali P.S. case No.376 of 2009. The case of the Informant is that she was married to the Petitioner in the year 2003 and she was kept well for the next two years but thereafter she was tortured for ends of dowry and finally ousted from the matrimonial home.
It has been submitted on behalf of the Petitioner that in fact the parties had never lived together and a Complaint had been instituted by the Petitioner on 10.2.2009 against the father of the Informant for having threatened him on pistol point and it is only
Patna High Court Cr.Misc. No.39808 of 2010 dt.22-02-2016 2/2 thereafter that the present case was instituted on 5.9.2009. Having considered the facts stated in Annexure-2, I would also be inclined to hold that the present case instituted thereafter prosecution is bad and hence the application is allowed and the proceeding including the order of cognizance dated 24.11.2009 passed by the S.D.J.M., Munger in Kotwali P.S. case No.376 of 2009 is hereby set aside.
(Anjana Prakash, J) Narendra/- U T