Md. Imtiyaz & Ors vs State Of Bihar & Anr on 1 November, 2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36963 of 2014
Arising Out of PS.Case No. -21 Year- 2013 Thana -MAHILA P.S. District- SAHARSA

1. Md. Imtiyaz S/on Md.Iftekhar

2. Md. Iftekhar S/o Late Muslim

3. Jubeda Khatoon W/o Md. Iftekhar

4. Md. Naushad S/o Md.Ayub

5. Taraunam Khatoon W/o Md. Naushad All Resident of Village-Sitanabad Utari

…. …. Petitioners
Versus

1. The State of Bihar

2. Rajiya Sultan wife of Imtiyaz, daughter of Md. Yausuph, resident of village
Sitarabad Utari, Police Station Bakhitayarpur, District Saharsa.

…….. Opposite parties

Appearance :

For the Petitioners : Mr. Rakesh Mohan Singh, Advocate
For the State : Mr. Ashok Kumar Singh-I (APP)
For the opp.party no.2 : Mr. Pankaj Kumar Sinha, Advocate

CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD
ORAL JUDGMENT
Date: 01-11-2017

Counsel for the petitioners as well as counsel for the
opposite party no.2 are present.

Husband and in-laws are the petitioners in the instant case
filed for quashing the order dated 3.8.2013, whereby and
whereunder cognizance of the offence has been taken under sections
498A, 494/34 IPC by the court of the Chief Judicial Magistrate,
Saharsa.

Today, submission has been made on behalf of opposite
party no.2 that the husband of opposite party no.2 is not even paying
the maintenance amount fixed by the court below.

Be that as it may, it appears that the Complaint case

no.870(C) of 2013 was filed on 21.2.2013, thereafter under orders of
Patna High Court Cr.Misc. No.36963 of 2014 dt.01-11-2017

2/2

the court the matter was registered as Mahila Police Station Case

No. 21 of 2013 dated 15.3.2013. Police conducted investigation and

submitted charge sheet against five (petitioners) out of eleven

accused persons and considering the charge sheet the Chief Judicial

Magistrate, Saharsa took cognizance of the offence under sections

498A/494/34 IPC against them on 3.8.2013. Further, on going

through the allegations levelled against the petitioners, I find that

there is sufficient material for arriving at prima facie opinion for

taking cognizance. There appears to be no infirmity in the order

taking cognizance dated 3.8.2017.

In the result, the quashing application stands dismissed.

(Madhuresh Prasad, J)

Shashi.

NAFR
CAV DATE NA
Uploading Date 6.11.2017
Transmission 6.11.2017
Date

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