Kusum Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19734 of 2015 Arising Out of PS. Case No.-2 Year-2014 Thana- KOPA District- Saran ====================================================== Kusum Devi wife of Rajendra Rai, Resident of Village- Piyano Tola, Police Station- Kopa, District- Saran.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Hugli Baitha, Son of Ramayan Baitha.

3.

Lagandeo Mahto son of Kishundeo Mahto. Both Resident of Village- Piyano Police Station- Kopa, District- Saran.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binod Kumar Sinha, Advocate Mr. Manibhushan Kumar Singh, Advocate For the Opposite Party/s :

Mrs. Renuka Ratnakar APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 13-02-2023 Heard learned counsel for the petitioner and the State.

The present petition has been filed for quashing of the order dated 07.02.2015 passed by the learned Sessions Judge, Saran at Chapra in Cr. Rev. No. 291 of 2014 by which the after recording that the main complaint is against her husband that he abused the informant and assaulted her by fists and slaps and further neither the snatching of Rs. 40,000/- was found by the police to be true nor the witnesses named Lagandeo Mahto in the alleged occurrence, the allegation was found to be false against Lagandeo Mahto and charge sheet was submitted only

Patna High Court CR. MISC. No.19734 of 2015(3) dt.13-02-2023 2/2 against the co-accused, Hugli Baitha @ Ghughali Baitha. However, cognizance was also taken against Langandeo Mahto.

Taking into account the aforesaid facts, learned Sessions Judge observed that despite no evidence, cognizance has been taken against Lagandeo Mahto without assigning any reason and as such, the revision petition was allowed. Having gone through the facts of the case as also after perusing the order dated 07.02.2015 passed by the learned Sessions Judge, Saran at Chapra, this Court does not find any error in the said order and as such, the present petition has no merit.

Accordingly, the petition stands dismissed.

(Rajiv Roy, J) Jagdish/Neha/- U T