Awadhesh Kumar Pandey vs State Of Bihar & Anr on 22 December, 2017

IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33477 of 2017
Arising Out of PS.Case No. -233 Year- 2015 Thana -KANKARBAGH District- PATNA

Awadhesh Kumar Pandey, Son of Late Radha Mohan Pandey, R/o 405 Sumitra
Enclave Apartment, Indira Nagar, Road No.1-A. Behind F Sector, P.S.-
Kankarbagh, District- Patna.

…. …. Petitioner
Versus

1. The State of Bihar.

2. Shri Patti Pathak, Son of Parshuramji Pathak, R/o Civil Line, Buxar, P.S.- Buxar
(Town), District- Buxar.

…. …. Opposite Parties

Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar Shrivastava, Advocate
For the Opposite Party/s : Mrs. Asha Devi, APP

CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
ORAL JUDGMENT
Date: 22-12-2017

This application under Section 482 of the Code of

Criminal Procedure has been filed by the petitioner for quashing the

order dated 14.06.2017 passed by the learned Sub Divisional Judicial

Magistrate, Patna in G.R. Case No.2178 of 2015 arising out of

Kankarbagh P.S. Case No.233 of 2015 by which the learned Sub

Divisional Judicial Magistrate has rejected the petition dated

28.02.2017 filed on behalf of the informant for issuance of warrant

against the accused opposite party no.2
Patna High Court Cr.M isc. No.33477 of 2017 dt.22-12-2017
2

2. The petitioner is the informant in the aforesaid

Kankarbagh P.S. Case No.233 of 2015 registered for the offence

punishable under Sections 498A read with 34 of the Indian Penal

Code and Sections 3 and 4 of the Dowry Prohibition Act.

3. In the opinion of this Court, this application is

thoroughly misconceived. The petitioner being informant in a police

case has got no locus to file an application for issuance of warrant of

arrest against an accused, who is named in the FIR.

4. In that view of the matter, the application being

devoid of any merit, is dismissed.

(Ashwani Kumar Singh, J.)
Sanjeet/-

AFR/NAFR NAFR
CAV DATE NA
Uploading Date 23.12.2017
Transmission 23.12.2017
Date

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