Mohammad Ali v. The State Of Bihar Through The Principal Secretary, Home Department, Government Of Bihar Patna And

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1470 of 2018 Arising Out of PS. Case No.-171 Year-2016 Thana- DAUDPUR District- Saran ====================================================== Mohammad Ali son of Gul Mohammad, R/o village- Dhanchua, P.s.- Maharajganj, District- Siwan ... ... Petitioner

Versus

1. The State Of Bihar Through The Principal Secretary, Home Department, Government Of Bihar Patna

2. Noor Saba Khatoon, D/o Late Dr. Idris, W/o Mohammad Ali, R/o villageKohara, Bazar, P.S.- Daudpur, District- Saran at Chapra ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amir Alam For the Respondent/s :

Mr. Md. N.H. Khan (Sc-1) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 04-10-2018 The petitioner is the husband of private respondent no. 2. He is seeking quashing of the first information report giving rise to Daudpur P. S. Case No. 171 of 2016 dated 18.12.2016 for the offences under Sections 498(A), 323 of the Indian Penal Code read with Sections 3 / 4 of Dowry Prohibition Act.

Learned counsel for the petitioner submits that the first information report has been lodged with a malafide intention to harass the petitioner after three months from the date the private respondent appeared in the divorce proceeding brought by this petitioner. Learned counsel submits that the allegations made in the first information report are false, concocted and baseless and liable to be quashed.

Patna High Court Cr. WJC No.1470 of 2018(3) dt.04-10-2018 2/2 Learned counsel representing the State submits that there are prima facie allegations against the petitioner in the first information report, the investigation is still going on and at this stage it could not be just and proper to quash the first information report sitting in writ jurisdiction under Article 226 of the Constitution of India.

Having heard learned counsel for the parties and on perusal of the records, this Court finds that there are certain allegations in the first information report which are still under investigation. At this stage, this Court would not exercise its extra ordinary writ jurisdiction in the facts and circumstance of the case.

Learned counsel for the petitioner submits that there is chance of settlement between the parties. This Court would not express any opinion on the submission. However, it is open for the parties to settle their dispute, if so desired. This application is, thus, dismissed.

(Rajeev Ranjan Prasad, J) avin/- U T