Patna High CourtCR. MISC./35952/2011allowed

Rajanikant Shrivastava v. The State Of Bihar And ANR.

2015-08-25Justice Smt. Anjana Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35952 of 2011 Arising Out of PS.Case No. -0 Year- null Thana -null District- EASTCHAMPARAN(MOTIHARI) ===========================================================

1. Rajanikant Shrivastava Son Of Muktinath Shrivastava Resident Of MohallaNew Chandmari, Near Durga Mandir, P.S.- Motihari Town, District- East Champaran .... .... Petitioner/s

Versus

1. The State Of Bihar

2. Saroj Kumar Verma Son Of Nawal Kishore Prasad Resident Of Village & P.O.- Gangapipras, P.S.- Paharpur, District- East Champaran .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

=========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 25-08-2015 The petitioner seeks quashing of the order of cognizance dated 25.07.2011 passed by the Judicial Magistrate, Motihari in Complaint Case No. 1762 of 2009.

The case of the complainant is that his wife was enticed away by the petitioner and hence the present complaint. It has been submitted by the petitioner that the wife of complainant was examined during enquiry and she stated that she had gone along with the petitioner on her own sweet will and did not want to live with the husband.

Notices had been issued to the O.P. No. 2 but none appears on his behalf.

Patna High Court Cr.Misc. No.35952 of 2011 dt.25-08-2015 2/2 Considering the aforesaid, the application is allowed and the order of cognizance dated 25.07.2011 passed by the Judicial Magistrate, Motihari in Complaint Case No. 1762 of 2009 is hereby set aside.

(Anjana Prakash, J) Prakash/- U