Patna High CourtCR. MISC./21932/2012allowed

Surendra Prasad Gupta v. The State Of Bihar

2018-06-19Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21932 of 2012 Arising Out of PS. Case No.-56 Year-2012 Thana- KARPI District- Jehanabad ====================================================== Surendra Prasad Gupta, Son of Late Jawahar Saw, Resident of Turuk-Telpa, P.S. Karpi (Banshi), District - Jehanabad.

... ... Petitioner/s

Versus

1. The State of Bihar

2. Amita Devi, Wife of Surendra Prasad @ Gupta, Daughter of Late Bhagwan Saw, Resident of Professor Colony, D.V.C. Colony, P.S. - Chirkunla, Meithon, District - Dhanbad.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Rina Sinha For the Opposite Party/s :

Mr. B.K.Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 19-06-2018 Despite exhausting of all steps for appearance of opposite party no. 2, she has chosen not to appear before this Court.

The petitioner seeks quashing of the order dated 04.05.2012 passed by the learned Sub-Divisional Judicial Magistrate, Jehanabad whereby cognizance has been taken under Section 498A of the Indian Penal Code against the petitioner in connection with Karpi (Banshi O.P.) P.S. Case No. 56 of 2012.

The main substance of the contention of the petitioner is that for similar offence which was committed for the same period, a case under Section 498A of the Indian Penal Code was lodged in Dhanbad by opposite party no. 2 against the petitioner. In the

Patna High Court Cr.Misc. No.21932 of 2012(9) dt.19-06-2018 2/2 aforesaid case, the petitioner was convicted. However later, in appeal, the judgment of conviction was set aside. For the same period, this case was lodged with similar allegation against the petitioner by the opposite party no. 2.

Considering the aforesaid facts as also taking into account that the opposite party no. 2 has not been appearing in this matter to contest the case, the order of cognizance which has been impugned in the present petition is set aside.

The application stands allowed.

(Ashutosh Kumar, J) krishna/- U T