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
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
For the Petitioner : None
For the Respondents : Mr. Sunil Kumar Mandal, A.P.P.
CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR
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
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
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
Patna High Court Cr. WJC No.592 of 2016 dt.27-07-2017
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)
CAV DATE N.A.
Uploading Date 02.08.2017