Sadikgram Chaudhary@Saligram Chaudhary And ANR v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13760 of 2012 Arising Out of PS.Case No. -0 Year- null Thana -null District- PATNA ===========================================================

1. Sadikgram Chaudhary @ Saligram Chaudhary, son of Harihar Chaudhary,

2. Santosh Chaudhary, son of Saligram Cahudhary, both resident of villageMajhauli, P.S.-Sanjhauli, District- Rohtas. .... .... Petitioner/s

Versus

1. The State of Bihar &

2. Mohan Mahto @ Mohan Ram, son of late Jai Govind Mahto, r/o villageIkbalganj (Nisarpura), P.O.-Nisarpura, District- Patna. .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : None For the Opposite Party/s : APP =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 10-02-2015 No one appears either on behalf of the Petitioner or the Opposite Party No.2.

The Petitioners seek quashing of order of cognizance dated 16.03.2011 passed by the Judicial Magistrate, 1st class, Danapur, Patna, in Complaint Case No.861-C of 2010. The case of the Complainant is that he had fixed the marriage of his grand daughter with son of the Petitioner No.1. As per agreement, he paid him a sum of `76,000/- on 15.02.2010 but later on refused to marry.

It has been pleaded on behalf of the Petitioners that all allegations are oral in nature and without any substantial corroboration and the trial will be a nullity and abuse of process of

Patna High Court Cr.Misc. No.13760 of 2012 dt.10-02-2015 2/2 Court.

I am inclined to agree with the pleadings of the Petitioners.

Hence, the order of cognizance dated 16.03.2011 passed by the Judicial Magistrate, 1st class, Danapur, Patna, in Complaint Case No.861-C of 2010, is hereby set aside.

The application stands allowed.

(Anjana Prakash, J) JA/- U T