Devanand Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10908 of 2016 Arising Out of PS.Case No. -674 Year- 2013 Thana -JEHANABAD COMPLAINT CASE DistrictJEHANABAD ====================================================== Devanand Kumar, Son of Ram Sharan Singh, Resident of Village - Pareo, P.S. Bihta, District - Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Sunita Kumari, Wife of Devanand Kumar, Resident of village - Pareo, P.S.- Bihta, District - Patna. D/o Udbhaw Singh, Resident of village - Sakri P.S. + District - Arwal.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raj Dular Sah For the Opposite Party/s : Mr. R.P.S Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 26-04-2017 Heard learned counsel for the petitioner and Mr. J.N. Thakur, learned counsel for the State. The present application has been filed for quashing the order dated 12.02.2014 passed by learned Judicial Magistrate, Ist Class, Jehanabad in Complaint Case No. 674 of 2013, whereby process has been directed to be issued after cognizance being taken for the offences punishable under Section 498A of the Indian Penal Code.

It is very fairly submitted by learned counsel for the petitioner that at pre-charge level under Section 244 Cr.P.C. three witnesses have been examined.

In view of the present stage of the trial, this

Patna High Court Cr.Misc. No.10908 of 2016 (2) dt.26-04-2017 2/2 application has become infructuous and accordingly, it is disposed of with liberty to the petitioner to raise all the contentions at the stage of framing of charge, if the charges have not been framed as yet.

(Dinesh Kumar Singh, J) DKS/- U T