Ravi Prakash Singh vs The State Of Bihar & Ors on 27 July, 2017

IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No. 592 of 2016
Arising Out of PS.Case No. -null Year- null Thana -null District- BUXAR

Ravi Prakash Singh, Son of Narsingh Narain Singh, resident of Mohalla – Civil
Lines, Hospital Road, Buxar, P.S. – Buxar, District Buxar
…. …. Petitioner
Versus

1. The State of Bihar

2. Archana Kumari, D/o Bijay Bahadur Singh, Resident of Village – Shivpur, P.S.
Bhabhua, District Kaimur, Now present Quarter No. A-2, Dhurba, P.S. Dhurba
District Ranchi (Jharkhand).

3. Vijay Bahadur Singh, S/o Late Sitaram Singh, Resident of Village – Shivpur,
P.S. Bhabua, District Kaimur. Now present Quarter No. A-2, Dhurba, P.S.
Dhurba District Ranchi (Jharkhand).

4. The Officer In Charge Buxar(T) Police Station Buxar.

5. The Superintendent of Police, Buxar.

6. The Sub-Divisional Police Station Officer, Buxar.

7. D.I.G. Police at Dehri.

8. The Inspector General of Police Patna
…. …. Respondents

Appearance :

For the Petitioner : None
For the Respondents : Mr. Sunil Kumar Mandal, A.P.P.

CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR
ORAL JUDGMENT
Date: 27-07-2017

No one appears on behalf of the petitioner.

2. Heard learned counsel for the State-respondents.

3. This writ application has been preferred under Articles

226 and 227 of the Constitution of India for quashment of FIR of Buxar

(Town) P.S. Case No. 04 of 2013, a case registered under Section

498A/34 of the Indian Penal Code as well as Section 3/4 of the Dowry
Patna High Court Cr. WJC No.592 of 2016 dt.27-07-2017

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Prohibition Act on the written report of respondent no. 3 Vijay

Bahadur Singh, the father of respondent no. 2 Archana Kumari

alleging therein that Archana Kumari was physically and mentally

tortured and is being tortured by her husband and other relations for

non-fulfillment of dowry demand.

4. The record reveals that by order dated 04.08.2016,

the petitioner was directed to file requisites against respondent no. 2

and 3 within one week, failing which the application against

respondent no. 2 and 3 shall stand rejected without further reference to

a Bench.

5. Order aforesaid was not complied, hence, this writ

application was dismissed against respondent no. 2 and 3.

6. Learned counsel for the respondents contends that

this writ application is fit to be dismissed for the reason that the police

has already submitted charge-sheet against the petitioner who is

husband of respondent no. 2 Archana Kumari after completion of

investigation of the case, hence, prima facie, material in support of the

FIR is already there. Moreover, the FIR discloses cognizable offence

against the petitioner, hence, the same should not be interfered by this

Court without opportunity of hearing to respondent no. 2 and 3

against whom the writ application has already been dismissed for

default.

Patna High Court Cr. WJC No.592 of 2016 dt.27-07-2017

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7. I find substance in the submission of the learned

counsel for the respondents. The writ application has already been

dismissed against respondent no. 2 and 3 for non-compliance of the

Court’s order. The FIR clearly discloses commission of a cognizable

offence by the petitioner and others. Charge-sheet has already been

filed in this case.

8. For the aforesaid reason, this writ application is fit

to be dismissed. Accordingly, it stands dismissed.

(Birendra Kumar, J)

Kundan/-

AFR/NAFR N.A.
CAV DATE N.A.
Uploading Date 02.08.2017
Transmission 02.08.2017
Date

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