Kamlesh Kumar Jaiswal vs State Of Bihar & Anr on 27 November, 2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51309 of 2014
Arising Out of PS.Case No. -1193 Year- 2011 Thana -BHABHU(KAIMUR) COMPLAIN C
District- BHABHUA (KAIMUR)

1. Kamlesh Kumar Jaiswal S/o Uma Shankar Jaiswal Resident of Village Baruna,
P.S. Kuchila, District Kaimur at Bhabua.

…. …. Petitioner/s
Versus

1. The State of Bihar.

2. Mira Devi W/o Kamlesh Kumar Jaishwal, D/o Bharat Sah at present Resident of
Village Baispura, P.S. Kargarhar (Sidhi), District Rohtas.

…. …. Opposite Party/s

Appearance :

For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.

CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA
ORAL JUDGMENT
Date: 27-11-2017

None appears on behalf the petitioner. Counsel for the and the

State is present.

2. This application has been filed for quashing the order

dated 07-07-2012 passed by learned Sub Divisional Judicial

Magistrate, Kaimur at Bhabua in Complaint Case No. 1193 of

2011 by which, the learned Magistrate after holding inquiry u/S

202 Cr.P.C. has found prima facie against the petitioner for the

offence under Section-498A of the IPC.

From the complaint petition, it appears that the petitioner is itioner

is husband of the complainant.

There is specific allegation against this petitioner in the
Patna High Court Cr.M isc. No.51309 of 2014 dt.27-11-2017

Page 2 of 2

complaint petition. The court below on the basis of S.A of the

complainant and statement of witnesses recorded during enquiry

u/S 202 of the Cr.P.C., found prima facie case against this

petitioner and the other accused persons named in the complaint

petition.

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 S.A. of the 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 N/A
Uploading Date 04-12-2017
Transmission 04-12-2017
Date

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