Abhay Singh @ Abhay Kumar Singh And ANR. v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26215 of 2013 Arising Out of PS.Case No. -228 Year- 2011 Thana -ARA MUFFSIL District- BHOJPUR ======================================================
1. Abhay Singh @ Abhay Kumar Singh , son of Late Sheo Janam Singh
2. Prabhawati Devi wife of Abhay Singh @ Abhay Kumar Singh Both Resident Of Village- Lahang Dumaria, Police Station- Bihiyan, District- Bhojpur.
.... .... Petitioner/s
Versus
1. The State Of Bihar
2. Binita Singh wife of Sunil Kumar Singh daughter of Sri Chandra Deep Singh Presently Residing At Village- Sindhi Tola, Post Office- Dhamar, Police Station- Ara ( Mufassil) District- Bhojpur. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arun Kr. Singh For the Opposite Party/s : Mr. J.Upadhyay (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 28-11-2016 Two petitioners have approached this court invoking its inherent jurisdiction under section 482 of the Code of Criminal Procedure, 1973 with a prayer to quash an order dated 14.2.2013 passed by learned Sub Divisional Judicial Magistrate, Arrah. By the said order the learned court below after submission of charge sheet by the police has taken cognizance of the offence under section 498(A), 34 of the Indian Penal Code and Section 3 and 4 of the Dowry Prohibition Act.
Sri Jharkhandi Upadhyaya, learned Additional Public Prosecutor submits that in the order of cognizance there is no apparent error . He submits that police during investigation has
Patna High Court Cr.Misc. No.26215 of 2013 (4) dt.28-11-2016 2/2 found the allegation as true. Thereafter charge sheet was submitted and learned Magistrate simply has passed the order of cognizance.
Besides hearing I have perused the impugned order. In the impugned order I do not find any apparent error warranting interference.
The petition stands dismissed.
Let a copy of this order be sent to the court below forthwith.
(Rakesh Kumar, J) Praful/- U T