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Patna High CourtCR. MISC./5653/2019dismissed

Kamla Kumari v. State Of Bihar And ANR

2019-07-09Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5653 of 2019 Arising Out of PS. Case No.-562 Year-2016 Thana- ARA NAWADA District- Bhojpur ====================================================== Kamla Kumari Nalini Kant Giri Resident of - Milki Khutaha, P.S.-Imadpur (Tarari) District-Bhojpur,At Present Residing at Ara Nawada, P.S.-Ara Nawada, Dist-Bhojpur ... ... Petitioner/s

Versus

1.

State Of Bihar 2.

Nalini Kant Giri Radha Krishna Giri Resident of Village - Milki Khutaha, P.S.-- Imadpur (Tarari) District-- Bhojpur, At present Residing at Quarter No - 1105, Sector-6D, Bokaro Steel City P.S.-Sector-6Bokaro, Dist-Bokaro ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Surendra Kumar Singh For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-07-2019 This application has been preferred by the petitioner for transfer of Ara Nawada P.S. Case No. 562 of 2016 from the Court of learned Sub Divisional Judicial Magistrate, Bhojpur, Ara to any other any Court of competent jurisdiction under Bhojpur.

It appears that a transfer petition has earlier been filed before the Sessions Judge, Bhojpur, who sought instruction from this court in this connection, as the court of learned Sub Divisional Judicial Magistrate is especially empowered for hearing the cases relating to Section 498A of the Indian Penal Code and Dowry Prohibition Act by a gazette notification. During the argument, it transpired that the officer

Patna High Court CR. MISC. No.5653 of 2019(6) dt.09-07-2019 2/2 concerned, against whom, there was allegation that he granted provisional bail, though anticipatory bail was rejected up to the Supreme Court, has now been transferred and it further appears that the complaint filed by the petitioner on the administrative side is pending.

In such view of the matter, there is nothing left in this case and, hence, this application has become infructuous. Accordingly, this application is dismissed having become infructuous.

(Vinod Kumar Sinha, J) sunilkumar/- U T