Yasmin Khatun v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8321 of 2018 Arising Out of PS. Case No.-334 Year-2016 Thana- NALANDA COMPLAINT CASE District- Nalanda ====================================================== Yasmin Khatun Wife of Md. Quiyum @ Kaim Udin, Resident of MohallaKatra, P.S.- Laheri, District- Nalanda. ... ... Petitioner/s

Versus

1.

State Of Bihar 2.

Anjan Datta, Block Development Officer, Biharsharif, District- Nalanda. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar For the Opposite Party/s :

Md. Ashlam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-01-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The learned APP for the State, at the outset, raises issues of maintainability of the quashing application and submits that the present quashing application has been filed against the revisional order passed by the learned 3rd Additional District & Sessions Judge, Nalanda, Biharsharif affirming the order dated 13.07.2016 passed by the learned Judicial Magistrate 1st Class, Nalanda at Biharsharif in Complaint Case No. 334C of 2016 whereby complaint was dismissed.

3. It is next submitted that two Courts have come to a considered conclusion that the allegation as alleged in the complaint is not made out, as such, this Court sitting in its

Patna High Court CR. MISC. No.8321 of 2018(3) dt.03-01-2024 2/2 quashing jurisdiction should not re-appreciate the facts.

4. The learned counsel for the petitioner is not in a position to rebut the submission of the learned APP for the State.

5. Accordingly, the present quashing application stands dismissed.

(Satyavrat Verma, J) Rishabh/- U T