Achal Kumar Rana v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62266 of 2023 Arising Out of PS. Case No.-446 Year-2022 Thana- BUDDHACOLONY District- Patna ====================================================== 1.
ACHAL KUMAR RANA SON OF LATE RAMDEO RANA RESIDENT OF FLAT NO. 403, KADAMBINI CAMPUS, SHEIKHPURA, NEAR ARANYA BHAWAN, PS - HAWAI ADDA, DIST- PATNA 2.
USHA RANA WIFE OF ACHAL KUMAR RANA RESIDENT OF FLAT NO. 403, KADAMBINI CAMPUS, SHEIKHPURA, NEAR ARANYA BHAWAN, PS - HAWAI ADDA, DIST. - PATNA 3.
SHIPRA RANA @ SHIPRA KUMARI WIFE OF RAJU KUMAR RESIDENT OF FLAT NO. 503, MADHUBAN BUILDING, VASANT LEELA, G.B. ROAD, PS - WAGH VILA NAKA, THANE WEST, DIST - THANE, STATE - MAHARASHTRA ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
AYUSHI DAUGHTER OF LATE AJIT KUMAR AKELA RESIDENT OF 401, SHREE RAJ COMPLEX, DUJRA, PS - BUDDHA COLONY, DISTPATNA ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeev Kumar, Advocate For the Opposite Party/s :
Mr. Chandra Bhushan Prasad, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-02-2024
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. Learned counsel for the petitioners submits that petitioners are the father-in-law, mother-in-law and married sister-in-law. It is further submitted that whenever any dispute arises in between the husband and the wife, the entire family members are implicated in a mechanical manner with general, omnibus and ornamental allegation. It is next submitted that from perusal of the allegation as alleged in the FIR, it would
Patna High Court CR. MISC. No.62266 of 2023(2) dt.08-02-2024 2/3 manifest that the allegation against the petitioners are general and ornamental in nature. It is also submitted that even the married sister-in-law has been implicated in the present case. It is further submitted that the family members are implicated only with a view to coerce the husband into submission whenever there is a matrimonial dispute in between the husband and the wife. It is next submitted that at times even the police investigates the case mechanically.
3. Mr. Chandra Bhushan Prasad, learned A.P.P. for the State, at this stage, submits that the present quashing application has been filed seeking quashing of the FIR of Buddha Colony P.S. Case No. 446 of 2022. The investigation should not be nipped in the bud. It is further submitted that if what has been submitted by the learned counsel for the petitioners is true in that event he can represent before the concerned Superintendent of Police bringing to his notice that the petitioners have been falsely implicated in the present case being relative of the husband of the opposite party no. 2.
4. At this stage, learned counsel for the petitioners seeks permission to withdraw this application with liberty to file representation before the concerned Superintendent of Police for fair investigation.
Patna High Court CR. MISC. No.62266 of 2023(2) dt.08-02-2024 3/3
5. Permission is accorded.
6. Accordingly, this application is dismissed as withdrawn.
(Satyavrat Verma, J) Kundan/- U T