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Patna High CourtCR. MISC./39345/2014disposed

Sunil Kumar And ORS v. State Of Bihar And ANR

2017-08-18Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39345 of 2014 Arising Out of PS.Case No. -824 Year- 2011 Thana -NALANDA COMPLAINT CASE DistrictNALANDA (BIHARSHARIFF) ======================================================

1. Sunil Kumar, Son of Sidheshwar Prasad

2. Sidheshwar Prasad, Son of Late Yadu Prasad

3. Anufiya Devi, Wife of Sidheshwar Prasad All Resident of Mohalla - Vikash Nagar, Kurji Nala Par, P.S. - Digha, District - Patna .... .... Petitioner/s

Versus

1. The State of Bihar

2. Subidha Devi, Wife of Sunil Kumar, Resident of Mohalla - Vikash Nagar, Kurji Nala Par, P.S. - Digha, District - Patna. At present Subidha Devi, Daughter of Sri Rampati Yadav, Resident of Village - Anantpur, Chandi, District - Nalanda .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Yogendra Kumar Singh, Advocate For the State : Mr. Navin Kr. Pandey (App) For Opp. Party no.2 : Mr. Birendra Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 18-08-2017 Heard learned counsel for the petitioners, State and opposite party no.2.

The petitioners have filed this application for quashing the order dated 01.02.2012, passed by the learned SubDivisional Judicial Magistrate, Hilsa, Nalanda in Complaint Case No. 824-C of 2011, whereby the learned Magistrate took cognizance for the offence under Sections 323 and 498A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. Considering the nature of materials available on record, this Court is not inclined to exercise the jurisdiction under

Patna High Court Cr.Misc. No.39345 of 2014 (5) dt.18-08-2017 2/2 Section 482 of the Cr.P.C. and this application is dismissed. However, the trial court is directed to expedite the trial and conclude the same expeditiously preferably within a period of six months from the date of receipt/production of a copy of this order without granting unnecessary adjournment to the parties.

With the aforesaid observation, this application stands dismissed.

(Anil Kumar Upadhyay, J) Uday/- U T