Md. Sarfaraj Alam vs State Of Bihar & Anr on 23 August, 2017

IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17524 of 2014
Arising Out of PS.Case No. -3692 Year- 2010 Thana -COMPLAINT CASE District- ARRARIA

Md. Sarfaraj Alam Son of Md. Zubair Alam Resident of Village – Chitragupt Nagar
Araria Warrd No. 21, P.S.- Araria, District – Araria
…. …. Petitioner.

Versus

1. The State of Bihar

2. Bib Nazia Nasreen Daughter of Late Nasreen Akhtar Faizi Wife of Md.
SArfaraza Alam Resident of Village – Chitragupta Nagar Wad No. 21 P.S. and
District – Araria at presetn Mohalla Islam Nagar Opposite Petrol Pump Hospital
Road, Araria P.S. and District – Araria
…. …. Opposite Party/s

Appearance :

For the Petitioner/s : Mr. Md. Ziaul Quamar
For the State : Mr. Ashok Kumar Singh, APP

CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA
ORAL JUDGMENT
Date: 23-08-2017

Heard learned counsel for the petitioner and the State.

The petitioner is aggrieved by the order dated 19-10-2011

passed by learned Sub Divisional Judicial Magistrate, Araria in

Complaint Case No. 3692 (C) of 2010 whereby and whereunder, the

learned Magistrate has found prima facie case against the petitioner

for the offence under Section-498A of the Indian Penal Code.

The matter was earlier sent to the Mediation Centre in

terms of order dated 18-11-2014. The report of Mediator is annexed

with this record, which is at flag “A”, wherein it has been mentioned

that the dispute between the parties has failed.

The learned Magistrate has mentioned in the impugned

order that on the basis of S.A. of the complainant and statement of
Patna High Court Cr.Misc. No.17524 of 2014 dt.23-08-2017

Page 2 of 2

four other witnesses recorded during inquiry, he finds prima facie case

against this petitioner and other accused persons for the offence under

Section-498A of the Indian Penal Code. The complainant has levelled

specific allegation against this petitioner in the complaint petition.

The court below has, after looking into S.A. of the

complainant and statement of four other witnesses recorded during

inquiry, found prima facie case for the offence under Section-498A of

the Indian Penal Code.

The learned Magistrate is only required to see prima facie

case at the time of holding enquiry on the basis of allegation made in

the complaint petition and the statement of witnesses, recorded during

inquiry including the S.A. of complainant.

Therefore, this court does not find any illegality in the

impugned order. Accordingly, this Cr. Misc. Application is dismissed.

The learned trial court is directed to proceed in the trial in

accordance with law.

(Sanjay Priya, J)
A.K.V./-

AFR/NAFR NAFR
CAV DATE
Uploading Date 25-8-17
Transmission 25-8-17
Date

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