← Library
Patna High CourtCR. MISC./25719/2012dismissed

Firoz Alam v. State Of Bihar And ANR

2015-02-20Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25719 of 2012 Arising Out of PS.Case No. -44 Year- 2011 Thana -null District- JAMUI =========================================================== Firoz Alam, S/o Ajmat Ali, R/o Adarsh Nagar, Koeri Tola, P.S. Bettiah Town, District - Bettiah (West Champaran) .... .... Petitioner/s -Versus1. The State of Bihar

2. Chahat Khan, D/o late Rahmat Khan, R/o Vill. Mansha Tola, P.O. Barbat Pashrain, P.S. Bettiah Mofassil, District - Bettiah (West Champaran). .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr. Birendra Kumar Singh For the State : Mr. Dashrath Mehta, A.P.P. =========================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL JUDGMENT Date: 20-02-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The present application is filed under Section 482 Cr. P.C. for quashing the order dated 11.05.2012 passed in connection with Bettiah Mofassil P.S. Case No.44 of 2011 whereunder the learned C.J.M. Bettiah took cognizance has been taken against the petitioner for the offence under section 498A of the I.P.C. It appears that on the basis of the written report of the opposite party no.2, Bettiah Mufassil P.S. Case No. 44 of 2011 was lodged on 16.02.2011 against the petitioner and seven others for the offence under Sections 323, 379, 504, 498A/34 of the I.P.C. and section 3⁄4 of the Dowry Prohibition Act, but police after investigation,

Patna High Court Cr.Misc. No.25719 of 2012 dt.20-02-2015 2/2 submitted charge-sheet under section 498A of the I.P.C. against the petitioner only. The learned C.J.M. Bettiah on perusal of the case diary took cognizance for the offence under Section 498 of the I.P.C. against the petitioner.

I find no illegality in the impugned order. Accordingly, this criminal miscellaneous application is dismissed. (Rajendra Kumar Mishra, J.) Shail/- U