Md. Shahabuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29311 of 2013 Arising Out of PS.Case No. -10 Year- 2008 Thana -KASIMBAZAR District- MUNGER ====================================================== Md. Shahabuddin son of Lal Mohammad @ Asghar Resident Of MohallaSultanganj Near Zakir Hussain School, P.S.- Sultanganj, District- Patna .... .... Petitioner/s

Versus

The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Anisur Rahman For the Opposite Party/s : Mr. J.Upadhyay (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 02-05-2016 Heard Mr. Md. Anisur Rahman, learned counsel for the petitioner and learned A.P.P.

The petitioner, who is husband of the informant, has approached this court invoking its inherent jurisdiction under section 482 of the Code of Criminal Procedure with a prayer to quash an order dated 27.9.2012 whereby charge was framed against the petitioner for offences under sections 498A, 323, 497, 504 of the Indian Penal Code and Section 3 and 4 of the Dowry Prohibition Act.

Learned counsel for the petitioner submits that there was no material even though charge has already been framed, whereas learned A.P.P. submits that once charge is framed, meaning thereby that trial has already commenced.

Patna High Court Cr.Misc. No.29311 of 2013 (3) dt.02-05-2016 2/2 Besides hearing learned counsel for the parties, I have also perused the materials available on record. It is evident from the impuged order that charge has already been framed. Meaning thereby, that trial has already commenced.

I do not find any ground for interference with the impugned order.

The petition stands dismissed.

(Rakesh Kumar, J) Praful/- U T