Patna High CourtCR. MISC./17161/2011dismissed

Uday Prasad Singh And ANR. v. The State Of Bihar And ANR

2017-08-24Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17161 of 2011 Arising Out of PS.Case No. -0 Year- null Thana -null District- NAWADA ===========================================================

1. Uday Prasad Singh S/O Late Mohan Singh Resident Of Village- Chandpura, P.S.- Atri, Distt.- Gaya, At Present Residing At 5, Bipro Das Lane, Kolkata (W. Bengal)

2. Sunaina Devi W/O Uday Prasad Singh Resident Of Village- Chandpura, P.S.- Atri, Distt.- Gaya, At Present Residing At 5, Bipro Das Lane, Kolkata (W. Bengal)

3. Gautam Singh S/O Uday Prasad Singh Resident Of Village- Chandpura, P.S.- Atri, Distt.- Gaya, At Present Residing At 5, Bipro Das Lane, Kolkata (W. Bengal)

4. Pawan Singh S/O Rajendra Singh Resident Of Village- Chandpura, P.S.- Atri, Distt.- Gaya, At Present Residing At 5, Bipro Das Lane, Kolkata (W. Bengal)

5. Mamta Singh @ Guddi Devi W/O Pawan Singh Resident Of Village- Chandpura, P.S.- Atri, Distt.- Gaya, At Present Residing At 5, Bipro Das Lane, Kolkata (W. Bengal) .... .... Petitioner/s

Versus

1. The State Of Bihar

2. Sanju Kumari @ Suman Kumari D/O Mahesh Singh Resident Of Village- Siswa, P.S. & Distt.- Nawada .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr. Mohammad Sufiyan, Advocate For the Opposite Party/s : Mr. Manoj Kumar, A.P.P. =========================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA CAV JUDGMENT Date: 24-08-2017 Heard learned counsel for the parties.

This application under Section 482 of the Code of Criminal Procedure has been filed by the petitioners for quashing of an order dated 12.03.2008 passed by the learned Sub-Divisional Magistrate, Nawada in Complaint Case No. C661 of 2007, whereby the learned court below took cognizance against the petitioners under Sections 498A of the Indian Penal Code and Section 3/4 of the

Patna High Court Cr.Misc. No.17161 of 2011 dt. 24-08-2017 2/2 Dowry Prohibition Act.

Learned counsel for the petitioners has submitted that the petitioners have been made accused for the offence under Sections 498A and 3/4 of the Dowry Prohibition Act and cognizance has also been taken for the alleged offences against the petitioners by the learned court below. Now, it appears from the lower court record, charges in this case have also been framed against the petitioners, therefore, the matter becomes infructuous.

In view of the submission, since charges in this case have been framed and the matter has become now infructuous, this criminal miscellaneous application is dismissed as infructuous. Accordingly, interim order dated 30.08.2012 stands vacated.

Let the Lower Court Record of Complaint Case No. C661 of 2007 be sent to the court concerned.

(Arvind Srivastava, J) Brajesh/- AFR/NAFR NAFR Uploading Date 24.08.2017 Transmission Date 24.08.2017