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Meena Devi vs State Of Bihar & Anr on 13 April, 2018

IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44200 of 2017
Arising Out of PS.Case No. -1932 Year- 2015 Thana -DARBHANGA COMPLAINT CASE
District- DARBHANGA

Meena Devi, W/o Sri Jitendra Singh, R/o Village- Pihwara, P.S.- Saharghat,
District- Madhubani.

…. …. Petitioner
Versus

1. The State of Bihar.

2. Puja Singh W/o Anish Kumar Singh, D/o Mahamaya Prasad Singh, R/o Mohalla-
Kaidrabad, P.S.- Lalit Narayan Mithila University, District- Darbhanga.

…. …. Opposite Parties

Appearance :

For the Petitioner/s : Mr. Awadhesh Kumar, Advocate
For the Opposite Party/s : Ms. Sharda Kumari, APP

CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
ORAL JUDGMENT
Date: 13-04-2018

Heard learned counsel for the petitioner and learned

counsel for the State.

2. This application under Section 482 of the Code

of Criminal Procedure (for short ‘Cr. P.C.’) has been filed by the

petitioner for quashing the order dated 03.07.2017 passed by the

learned Sub Divisional Judicial Magistrate, Darbhanga in

connection with Complaint Case (C.R.) No.1932 of 2015

corresponding to T.R. No.2898 of 2017 whereby the application of

the petitioner for being discharged from being prosecuted for the

offence under Section 498A of the Indian Penal Code has been

rejected.

3. It is submitted by the learned counsel for the
Patna High Court Cr.M isc. No.44200 of 2017 dt.13-04-2018
2

petitioner that name of the petitioner has been added in the list of

accused with a view to implicate all the in-laws. Though, she has

been named as an accused in a general and casual manner, nothing

specific has been alleged against her and there is no evidence to the

effect that she ever subjected the victim to cruelty at any point of

time after she was married to her son. In this regard, he has placed

reliance on the decision of the Supreme Court in Neelu Chopra

and Anr. vs. Bharti [(2009) 10 SCC 184].

4. On the other hand, learned counsel appearing

for the State submitted that in the complaint as also in the statement

of the complainant made on oath and in the statement of witnesses

recorded in course of inquiry and in course of evidence before

charge, specific allegations have been made against the petitioner

that she used to oftenly beat the complainant. He submitted that

such an allegation would definitely constitute an offence punishable

under Section 498A of the Indian Penal Code and, hence, the court

below has rightly rejected the case of the petitioner.

5. I have heard learned counsel for the parties and

perused the record.

6. Section 245 of the Cr. P.C. prescribes that if,

upon taking all the evidence referred to in section 244, the

Magistrate considers, for reasons to be recorded, that no case

against the accused has been made out which, if unrebutted, would
Patna High Court Cr.M isc. No.44200 of 2017 dt.13-04-2018
3

warrant his conviction, the Magistrate shall discharge him.

7. From the deposition of witnesses recorded in

course of inquiry as also before charge, which have been brought

on record by the petitioner in the present application, I find that

specific allegations have been levelled against the petitioner of

subjecting the victim to cruelty. The victim has also specifically

alleged that the petitioner also used to frequently beat her.

8. Under such circumstances, it cannot be said that

from the materials on record, if unrebutted, no case would be made

out against the petitioner.

9. The facts of the present case are not identical to

that of the case of Neelu Chopra (supra) and, in that view of the

matter, the ratio laid down by the Supreme Court in that case would

not applicable in the present case.

10. In that view of the matter, I see no merit in this

application. It is dismissed, accordingly.

(Ashwani Kumar Singh, J.)
Sanjeet/-

AFR/NAFR NAFR
CAV DATE NA
Uploading Date 16.04.2018
Transmission 16.04.2018
Date

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