Uday Prasad Singh And Anr vs The State Of Bihar & Anr on 24 August, 2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17161 of 2011
Arising Out of PS.Case No. -0 Year- null Thana -null District- NAWADA

1. Uday Prasad Singh S/O Late Mohan Singh Resident Of Village- Chandpura,
P.S.- Atri, Distt.- Gaya, At Present Residing At 5, Bipro Das Lane, Kolkata (W.
Bengal)

2. Sunaina Devi W/O Uday Prasad Singh Resident Of Village- Chandpura, P.S.-
Atri, Distt.- Gaya, At Present Residing At 5, Bipro Das Lane, Kolkata (W. Bengal)

3. Gautam Singh S/O Uday Prasad Singh Resident Of Village- Chandpura, P.S.-
Atri, Distt.- Gaya, At Present Residing At 5, Bipro Das Lane, Kolkata (W. Bengal)

4. Pawan Singh S/O Rajendra Singh Resident Of Village- Chandpura, P.S.- Atri,
Distt.- Gaya, At Present Residing At 5, Bipro Das Lane, Kolkata (W. Bengal)

5. Mamta Singh @ Guddi Devi W/O Pawan Singh Resident Of Village- Chandpura,
P.S.- Atri, Distt.- Gaya, At Present Residing At 5, Bipro Das Lane, Kolkata (W.
Bengal)

…. …. Petitioner/s
Versus

1. The State Of Bihar

2. Sanju Kumari @ Suman Kumari D/O Mahesh Singh Resident Of Village- Siswa,
P.S. Distt.- Nawada

…. …. Opposite Party/s

Appearance :

For the Petitioner/s : Mr. Mohammad Sufiyan, Advocate
For the Opposite Party/s : Mr. Manoj Kumar, A.P.P.

CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA
CAV JUDGMENT
Date: 24-08-2017

Heard learned counsel for the parties.

This application under Section 482 of the Code of

Criminal Procedure has been filed by the petitioners for quashing of

an order dated 12.03.2008 passed by the learned Sub-Divisional

Magistrate, Nawada in Complaint Case No. C661 of 2007, whereby

the learned court below took cognizance against the petitioners under

Sections 498A of the Indian Penal Code and Section 3/4 of the
Patna High Court Cr.Misc. No.17161 of 2011 dt. 24-08-2017

2/2

Dowry Prohibition Act.

Learned counsel for the petitioners has submitted that

the petitioners have been made accused for the offence under

Sections 498A and 3/4 of the Dowry Prohibition Act and cognizance

has also been taken for the alleged offences against the petitioners by

the learned court below. Now, it appears from the lower court record,

charges in this case have also been framed against the petitioners,

therefore, the matter becomes infructuous.

In view of the submission, since charges in this case

have been framed and the matter has become now infructuous, this

criminal miscellaneous application is dismissed as infructuous.

Accordingly, interim order dated 30.08.2012 stands

vacated.

Let the Lower Court Record of Complaint Case No.

C661 of 2007 be sent to the court concerned.

(Arvind Srivastava, J)

Brajesh/-

AFR/NAFR NAFR
Uploading Date 24.08.2017
Transmission Date 24.08.2017

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