Sudhanshu Gupta @ Sonu v. The State Of Bihar Through Principal Secretary, Home Department Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.259 of 2018 Arising Out of PS.Case No. -null Year- null Thana -null District- PATNA ===========================================================

1. Sudhanshu Gupta @ Sudhanshu Kumar Gupta @ Sonu Son of Naresh Prasad Gupta permanent residence of Mithila Colony P.S. Danapur, Patna. .... .... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary, Home Department Bihar.

2. Smt. Juli Kumari wife of Sudhanshu Gupta @ Sonu, Daughter of Shri Arun Prasad Gupta Navgachhiya Bazar, Purani Sabzi Patti, P.S. Navgachhiya, District Bhagalpur.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Ram Narayan Brahmchari For the Respondent/s : Mr. P.K. Verma, A.A.G.3 =========================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT Date: 20-04-2018 By filing a supplementary affidavit, the petitioner has now brought on record the order taking cognizance which was passed as back as on 10.10.2013. It appears that after recording the statement on oath of the complainant and the enquiry witnesses, the learned Sub-Divisional Judicial Magistrate, Danapur took cognizance of the offences under Section 498A, 323 of the Indian Penal Code and finding sufficient materials on the record to proceed against the accused persons, summons were issued against them. On perusal of the complaint petition as also the statements made in course of enquiry under Section 202

Patna High Court Cr. WJC No.259 of 2018 dt.20-04-2018 Cr.P.C., I do not find any reason to interfere with the order taking cognizance. At this stage, the learned counsel representing the petitioner has also informed this court that the petitioner had earlier filed an application for his discharge before the court below which has also been rejected and the said order is not under challenge. That would create another reason not to interfere with the order taking cognizance in the interest of justice.

This writ application is disposed off, accordingly. (Rajeev Ranjan Prasad, J.) Rajeev/- AFR/NAFR NAFR CAV DATE NA Uploading Date 24.04.2018 Transmission Date 24.04.2018