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Patna High CourtCR. MISC./65038/2024allowed

Abgina v. The State Of Bihar

2024-09-11Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65038 of 2024 In CRIMINAL MISCELLANEOUS No.13867 of 2023 Arising Out of PS. Case No.-61 Year-2022 Thana- SHASTRINAGAR District- Patna ====================================================== Abgina Daughter of Late Muslim Khan Resident of Village - Kumkum Singh Lane, Near Bhikhna Pahadi, Ashok Rajpath, P.S.- Agamkuan, District - Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Danish @ Danish Alam Khan Son of Mohammad Azhar Imam @ Sona Khan Resident of Opposite Purani Masjid, Samanpura, Raja Bazaar, P.S. - Shastri Nagar, District - Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nand Kumar Sagar, Advocate For the State :

Mr.Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 11-09-2024 Heard learned counsel for the informant.

The present application has been filed for modification of the order dated 15.03.2023 passed in Cr. Misc. No. 13867 of 2023.

2. Learned counsel for the petitioner, who is the counsel for the informant has submitted that this Court while passing the order dated 15.03.2023 in Cr. Misc. No. 13867 of 2023 has quashed part of the order dated 07.12.2022 by which process under Section 82 of the Cr. P.C. was issued and the second part of the order by which Sections 493 and 376 of the Indian Penal Code was added in the FIR has not been quashed.

Patna High Court CR. MISC. No.65038 of 2024(2) dt.11-09-2024 2/2

3. I have heard learned counsel for the petitioner; learned APP for the State and Mr. Ansul, learned counsel, who had appeared for the petitioner in Cr. Misc. No. 13867 of 2023.

4. It is clarified that this Court vide order dated 15.03.2023 passed in Cr. Misc. No. 13867 of 2023 has quashed the part of the order dated 07.12.2022 by which the process under Section 82 of the Cr. P.C. was issued. So far as the second part of the order by which Sections 493 and 376 of the Indian Penal Code were added in the FIR on the prayer of the Investigating Officer is concerned, the same has not been quashed by this Court.

5. This modification application is allowed with the clarification as above.

(Sandeep Kumar, J) P. Kumar U T