Dharmenra Kumar Singh v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22232 of 2017 Arising Out of PS.Case No. -901 Year- 2015 Thana -VAISALI COMPLAINT CASE DistrictVAISHALI(HAJIPUR) ====================================================== Dharmenra Kumar Singh, son of Lalan Singh, resident of VillageKakarahatta, P.S.- Bidupur, District- Vaishali. .... .... Petitioner
Versus
1. The State of Bihar.
2. Devendra Singh, son of Late Rayprit Singh, resident of VillageJasparha, P.S.- Tislauta, District- Vaishali. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mukesh Kumar, Adv. For the Opposite Party/s : Mr. Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 10-09-2018 It appears by the impugned order dated 06.06.2015 the learned Judicial Magistrate Ist Class, Vaishali at Hazipur has found a prima-facie case under Section 498(A) of the Indian Penal Code against the petitioner and he has been summoned. Learned counsel for the petitioner submits that in fact the petitioner had obtained divorce from the daughter of the complainant and it is only after the order was passed by the learned Principal Judge, Family Court, Sarguja at Ambikapur, the present complaint case was filed at Hazipur. It is submitted that the prosecution of the petitioner is nothing but an abuse of process of court.
Patna High Court Cr.Misc. No.22232 of 2017 (2) dt.10-09-2018 Learned counsel for the State is present and has opposed the prayer.
This Court has gone through the allegations made in the complaint petition and depositions. A bare reading of the same shows that there are some allegations against the petitioner and after going through those allegations and taking note of the deposition of the complainant and witnesses, if the learned Judicial Magistrate has found a prima-facie case for purpose of issuance of summons, at this stage it would not be just and proper for this Court to interfere with this case. No case for interference is made out.
The application has no merit. It is dismissed. (Rajeev Ranjan Prasad, J) Ved/- U T