IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38365 of 2014
Arising Out of PS.Case No. -3819 Year- 2012 Thana -COMPLAINT CASE District- ARRARIA
1. Jitendra Kumar @ Jitendra Prasad Son of Chhattulal Prasad
2. Chhattulal Prasad, Son of late Ram Vilash Prasad alias Ram Kailash Prasad
3. Devkali Devi Wife of Chhattulal Prasad
All are residents of Mohalla Ward No. 13 Sultan Pokhar, P.S. Farbisganj,
District- Araria, at present village + P.O. – Gopur, P.S. – Garkha, District- Saran
…. …. Petitioner/s
1. The State of Bihar
2. Sheela Devi, W/o Jitendra Kumar alias Jitendra Prasad, Resident of Mohalla
Ward No. 03, Sultan Pokhar Farbisganj, P.S. – Farbisganj, District- Araria.
…. …. Opposite Party/s
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR
Heard learned counsel for the petitioners as well as
learned counsel appearing on behalf of the O.P. No. 2 and the State.
2. The petitioners seeks quashing of the cognizance order
dated 27.05.2013 passed by the learned S.D.J.M., Araria in
connection with Complaint Case No. C-3819 of 2012 where he has
taken cognizance of offence under Section 498A of the Indian Penal
3. Learned counsel for the petitioners submits that
complainant O.P. No. 2 was married with the petitioner no. 1 in the
year 2001 and complaint was filed in the 2012 only after receiving
Patna High Court Cr.Misc. No.38365 of 2014 dt.25-08-2017
notice in a divorce suit filed by the husband. He further submits that
complainant is still residing in the matrimonial home, she has also
filed a case under the Domestic Violence Act and the present
prosecution case is malicious in nature only with intention to grab the
house of the petitioners situated in Araria Town.
4. Contrary to the submission, learned counsel for the
O.P. No. 2 submits that there is specific allegation of committing
cruelty and harassment against the petitioners in connection with
demand of further dowry and she has filed also a case under the
Domestic Violence Act.
5. Having considered the rival submissions and on
perusal of record, this Court finds no error in the order taking
cognizance by the court below as it is not the case that the allegation
levelled in the complaint does not disclose the offence. So this
application stands dismissed.
(Arun Kumar, J)
CAV DATE NA
Uploading Date 28.08.2017