Ajai Kumar Gupta @ Muntun @ Muntun … vs State Of Bihar & Anr on 18 September, 2017

IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42916 of 2013
Arising out of P.S. Case No.1400 Year 2010 Thana BHOJPUR COMPLAINT CASE District
BHOJPUR

1. Ajai Kumar Gupta @ Muntun @ Muntun Kumar Gupta Son of Hiralal Gupta
Resident of Mohalla- M.P.Bagh, P.O.-Ara, P.S.- Ara Town, District- Bhojpur
(Ara)

2. Rajesh Kumar Gupta Son of Hiralal Gupta Resident of Mohalla- M.P.Bagh,
P.O.-Ara, P.S.- Ara Town, District- Bhojpur (Ara)

3. Rakesh Kumar Gupta Son of Hiralal Gupta Resident of Mohalla- M.P.Bagh,
P.O.-Ara, P.S.- Ara Town, District- Bhojpur (Ara)

4. Sanjiv Kumar Gupta @ Guddu @ Guddu Kumar Gupta Son of Hiralal Gupta
Resident of Mohalla- M.P.Bagh, P.O.-Ara, P.S.- Ara Town, District- Bhojpur
(Ara)

5. Rajiv Kumar Gupta @ Santu Kumar Gupta @ Santu Son of Hiralal Gupta
Resident of Mohalla- M.P.Bagh, P.O.-Ara, P.S.- Ara Town, District- Bhojpur
(Ara)

6. Sanjai Kumar Gupta Son of Hiralal Gupta Resident of Mohalla- M.P.Bagh,
P.O.-Ara, P.S.- Ara Town, District- Bhojpur (Ara)

7. Hiralal Gupta @ Hiralal S/o Late Basawanlal Resident of Mohalla- M.P.Bagh,
P.O.-Ara, P.S.- Ara Town, District- Bhojpur (Ara)
…. …. Petitioners
Versus

1. The State of Bihar

2. Awadesh Kumar S/o Late Bharat Prasad Resident of Mohalla- Chitratoli, P.O.-
Ara, P.S.- Ara Town, District- Bhojpur At Ara
…. …. Opposite Parties

Appearance :

For the Petitioners : Mr. Sheo Jee Mishra, Advocate
For the State : Mr. Dashrath Mehta, APP
For O.P. No.2 : Mr. Raghwendra Pratap Singh, Advocate

CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA
ORAL JUDGMENT
Date: 18-09-2017

Heard learned counsel for the petitioners, learned counsel

for the opposite party no.2 as well as learned Additional Public

Prosecutor appearing for the State.

2. This application under Section 482 Cr.P.C. is directed

against the order dated 17.08.2013, passed in Complaint Case

No.1400C of 2010 Trial No.5214 of 2013, whereunder the Judicial
Patna High Court Cr.Misc. No.42916 of 2013 dt.18-09-2017

2 /6

Magistrate, 1st Class, Ara summoned the accused-petitioners, on

enquiry, under Section 204 Cr.P.C. finding prima facie case under

Sections 147, 341 and 323 of the Indian Penal Code.

3. The fact leading to this application is that Awadhesh

Kumar, opposite party no.2, filed Complaint Case No.1400C of 2010

with contention that his marriage was performed with Punam Devi,

daughter of petitioner no.7, Hiralal Gupta @ Hiralal and due to their

wedlock, there are four daughters and one son. After marriage, his

wife Punam Devi came at his house and his in-laws used to visit his

house. On 09.07.2010 all accused-petitioners having stick and iron

rod came at his house and started to abuse. When he made protest

then petitioner no.7, Hiralal Gupta @ Hiralal instigated other

petitioners to kill and to accompany Punam Devi along her children.

Thereafter petitioner no.1, Ajay Kumar Gupta @ Muntun @ Muntun

Kumar Gupta and petitioner no.6, Sanjay Kumar Gupta caused injury

to him. When his brother rushed to save him then petitioner no.2,

Rajesh Kumar Gupta, petitioner no.3, Rakesh Kumar Gupta and

petitioner no.4, Sanjiv Kumar Gupta @ Guddu @ Guddu Kumar

Gupta caused injury through iron rod and stick to his brother also. In

that course petitioner no.5, Rajiv Kumar Gupta @ Santu Kumar Gupta

@ Santu snatched a golden chain worth Rs.27,000/- to his neck and

petitioner no.6, Sanjay Kumar Gupta also caused injury by fists and
Patna High Court Cr.Misc. No.42916 of 2013 dt.18-09-2017

3 /6

slaps to him and his brother also. Thereafter all petitioners entered in

his house and accompanied his wife, Punam Devi along with children

with two attaché and three bags containing gold and silver ornaments

and clothes. On his alarm the mohalla people gathered and saw the

occurrence and pacified the matter. Thereafter all accused-petitioners

fled away from there. Further allegation of opposite party no.2 is that

his brother was treated at Sadar Hospital, Ara. Thereafter opposite

party no.2 along with his brother went to Ara Town police station but

the Officer-in-Charge of the said police station refused to lodge the

case with advise to file a complaint case.

4. Learned counsel appearing on behalf of the petitioners

submits that in fact petitioner nos.1 to 6 are brother-in-law and

petitioner no.7 is father-in-law of the complainant/opposite party no.2.

When Punam Devi, the sister of petitioner nos.1 to 6 and daughter of

petitioner no.7, gave information on phone about her torture made at

the hands of her husband then on 09.07.2010, petitioner no.3, Rakesh

Kumar Gupta and petitioner no.6, Sanjay Kumar Gupta went at the

house of his brother-in-law, opposite party no.2 to know where about

of their sister, Punam Devi then Awadhesh Kumar Gupta started to

assault petitioner nos.3 and 6 with bari, a piece of wood, causing

injury on head and wrist regarding which Ara (T) P.S. Case No.297 of

2010 was instituted under Sections 341/323/504/498A/34 of the
Patna High Court Cr.Misc. No.42916 of 2013 dt.18-09-2017

4 /6

Indian Penal Code on 09.07.2010 against the complainant/opposite

party no.2 and his other family members in which on investigation the

police submitted charge-sheet and later complainant/opposite party

no.2, Awadesh Kumar, his brother Arun Kumar Gupta, Vinay Kumar

Gupta and sister-in-law Renu Devi have been convicted under

Sections 498A/34 and 323/34 of the Indian Penal Code and sentenced

to undergo simple imprisonment for six months vide judgment and

order dated 25.11.2015, passed in G.R. No.3373 of 2010, Trial

No.1026 of 2011 by the court of Judicial Magistrate-IIIrd, Civil Court,

Bhojpur at Ara. Due to lodging of Ara (T) P.S. Case No.297 of 2010

on 09.07.2010 by the petitioner Sanjay Kumar Gupta against the

complainant/opposite party no.2 and his family members, the

complainant/opposite party no.2 lodged Complaint Case No.1400C of

2010 on 12.07.2010 after three days of the alleged occurrence in

counter blast of the case lodged by petitioner no.6, Sanjay Kumar

Gupta only to put undue pressure.

5. On the other hand, learned counsel appearing on behalf

of complainant/opposite party no.2 submits that there is no illegality

in the impugned order summoning the accused-petitioners under

Section 304 Cr.P.C. finding prima facie case under Sections 147, 341

and 323 of the Indian Penal Code but has not denied about lodging of

the Ara (T) P.S. Case No.297 of 2010 on 09.07.2010 under Sections
Patna High Court Cr.Misc. No.42916 of 2013 dt.18-09-2017

5 /6

341, 323, 504, 498(A)/34 of the Indian Penal Code on the basis of the

written report of petitioner no.6, Sanjay Kumar Gupta in which they

have been convicted and sentenced through the judgment and order

dated 25.11.2015, passed in G.R. No.3373 of 2010, Trial No.1026 of

2011 by the court of Judicial Magistrate-III, Civil Court, Bhojpur at

Ara.

6. Admittedly petitioners are brothers-in-laws and father-

in-law of the complainant/opposite party no.2. Petitioner no.6 had

lodged Ara (T) P.S. Case No.297 of 2010 on 09.07.2010 under

Sections 341, 323, 504, 498(A)/34 of the Indian Penal Code in which

the complainant/opposite party no.2, his two brothers and sister-in-

law and they have been convicted and sentenced vide judgment and

order dated 25.11.2015, passed in G.R. No.3373 of 2010, Trial

No.1026 of 2011 by the court of Judicial Magistrate-III, Civil Court,

Bhojpur at Ara. As such Complaint Case No.1400C of 2010 filed by

opposite party no.2 appears to be malicious in counter blast of Ara (T)

P.S. Case No.297 of 2010 on 09.07.2010 filed against opposite party

no.2 and his family members under Sections 341, 323, 504, 498(A)/34

of the Indian Penal Code regarding torturing to her sister and causing

injury to him and his brother Rakesh Kumar Gupta, petitioner no.3.

As such, permitting to continue the criminal proceeding in Complaint

Case No.1400C of 2010 against the accused-petitioners on
Patna High Court Cr.Misc. No.42916 of 2013 dt.18-09-2017

6 /6

summoning the petitioners under Section 204 Cr.P.C. through

impugned order appears to be abuse of the process of the Court.

7. In the result, the impugned order dated 17.08.2013,

passed in Complaint Case No.1400C of 2010 by learned Judicial

Magistrate, 1st Class, Ara and the entire criminal proceeding is hereby

quashed, this application is allowed.

(Rajendra Kumar Mishra, J.)
S.Kumar/-

AFR/NAFR NAFR
CAV DATE NA
Uploading Date 22.09.2017
Transmission 22.09.2017
Date

Leave a Comment

Your email address will not be published. Required fields are marked *