Hare Ram Singh v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.29959 of 2014 dt.25-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29959 of 2014 Arising Out of PS.Case No. -278 Year- 2013 Thana -ROHTAS COMPLAINT CASE DistrictSASARAM (ROHTAS) =========================================================== Hare Ram Singh Son of Ramadhar Singh Resident of Village - Danpura, P.S. - Nawanagar, District - Buxar.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Ram Bachan Singh Son of Late Ramdhari Singh Resident of Village - Ghorwadh (Chatar Tola) P.S. - Dinara, District - Rohtas. .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr. Surendra Kumar Mishra For the State : Mr. Humayu Ahmad Khan, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL JUDGMENT Date: 25-07-2017 This application under Section 482 of the Cr.P.C. has been filed to quash the order dated 23.07.2013 passed by learned S.D.J.M. Bikramganj in Complaint Case no. 278 of 2013 whereunder the petitioner was summoned to face the trial for the offence under Sections 3 of the Dowry Prohibition Act.

2.

Heard both sides.

3.

It has been submitted that there was absolutely no material on record constituting the offence under Section 3 of the D. P. Act. The court below has passed the impugned order in mechanical way and so the same is fit to be quashed. The learned APP, however, opposed the submissions. It was submitted that after framing of charge

Patna High Court Cr.Misc. No.29959 of 2014 dt.25-07-2017 several witnesses have been examined in this case. The order taking cognizance is based on material on record and so this Cr. Misc. application is fit to be dismissed.

4.

In view of the above facts, I do not find any illegality requiring any interference in the impugned order. This Cr. Misc. application is, accordingly, dismissed.

(Sanjay Kumar, J) rohit/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 27.07.2017 Transmission Date 27.07.2017