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Abhay Kumar Singh vs State Of Bihar & Anr on 4 October, 2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40982 of 2014
Arising Out of PS.Case No. -74 Year- 2014 Thana -BEUR District- PATNA

Abhay Kumar Singh, son of Late Ram Narain Singh, resident of village- Pipra, P.S.
Dumariya, District Gaya and presently residing at A.G. Colony, P.S.- Shastri Nagar,
District Town- Patna

…. …. Petitioner/s
Versus

1. The State of Bihar

2. Sudha Singh, W/o Abhay Kumar Singh, resident of Mohalla- A. G. Colony,
(Golden Palace), P.S. Shastri Nagar, District- Patna

…. …. Opposite Party/s

Appearance :

For the Petitioner/s : Mr. Satish Kumar, Adv.
For the Opposite Party no.1 : Mr. Bharat Bhushan, APP

CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
ORAL JUDGMENT
Date: 04-10-2017

Heard learned counsel for the petitioner and learned

APP for the State. Despite notice, the opposite party no.2 has not

appeared.

Learned counsel for the petitioner submits that, in the

present case, the learned Judicial Magistrate, 1st Class, Patna has

passed order dated 18.06.2014 taking cognizance of offences under

Sections 498A, 494, 323 and 341 of the Indian Penal Code without

properly appreciating the materials available on the record. According

to him, the present case has been filed on false and fictitious

allegations after a period of 17 years of marriage and, therefore, the

order taking cognizance is fit to be quashed.

Patna High Court Cr.Misc. No.40982 of 2014 dt.04-10-2017 2

This Court has perused the FIR and the impugned

order which are available on the record. It appears from the reading of

the FIR that there are allegations of cruelty against this petitioner who

happens to be the husband of the victim lady. The learned Judicial

Magistrate has perused the materials collected by the police in course

of investigation and finding a prima facie case took cognizance for the

offences as stated above. I do not find any case for interference at this

stage.

The petitioner, if so advised, shall raise all such pleas

which are available to him at the time of framing of charge in the

court below. If such a plea is raised, the same shall definitely be

considered by the court below in accordance with law on the basis of

the materials available on the record.

The application is disposed of with the aforesaid

observations.

(Rajeev Ranjan Prasad, J)

Arvind/-

AFR/NAFR
CAV DATE
Uploading Date 06.10.2017
Transmission 06.10.2017
Date

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