Nirmal Das v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71 of 2016 Arising Out of PS. Case No.-326 Year-2015 Thana- COMPLAINT CASE DistrictKishanganj ====================================================== Nirmal Das Son of Basudev Das@Basudev Majhi Resident of VillageDoriya, P.s Kochadhaman, District Kishanganj. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Joshna Devi wife of Nirmal Das, Daughter of Dev Lal Das Resident of Village- Rupodah, P.s Powakhali, District Kishanganj. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amal Kumar Sinha For the Opposite Party/s :

Mr. B.N.Panday(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-08-2018 This petition under Section 482 Cr. P.C. has been filed for quashing the order dated 29.7.2015 passed by learned SDJM, Kishanganj in complaint case no. (c )326 of 2015 by which learned Magistrate has taken cognizance against the petitioner under Sections 323 and 498A of the IPC. Petitioner is the husband of the complainant. There is specific allegation in the complaint petition against this petitioner of committing torture with the complainant and ultimately ousting her from the house. The Court below has after recording S.A. of the complainant and statement of two enquiry witnesses has found prima facie case for the offence under Sections 323 and 498A of the IPC. Therefore, this Court does not find any illegality in the impugned order.

Patna High Court Cr.Misc. No.71 of 2016(3) dt.13-08-2018 2/2 Learned counsel for the petitioner has submitted that earlier he has filed a petition before the D.M. Kishanganj on 8.1.2015 for consideration of his grievance in Janta Darbar upon which the D.M. Kishanganj has referred the matter to SHO, Powakhati Police Station who submitted a report dated 7.4.15 stating therein that there is no assault or torture. Learned Magistrate in the complaint case has to pass the order on the basis of the allegation made in the complaint, S.A. of the complainant, and statement of witnesses recorded during enquiry. The learned Magistrate has mentioned in the impugned order that on the basis of allegation in the complaint and the statement of witnesses recorded during enquiry has found prima facie case against the petitioner. Therefore, this Court does not find any illegality in the impugned order dated 29.7.2015 passed by S.D.J.M., Kishanganj in complaint case no. ( C ) 326 of 2015.

This Cr. Misc. petition is , accordingly, dismissed. The Court below will proceed in the case in accordance with law.

(Sanjay Priya, J) shyambihari/- U T