IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53719 of 2013
Arising Out of PS.Case No. -208 Year- 2011 Thana -KUDHNI District- MUZAFFARPUR
1. Rajnish Kumar Son Of Ramesh Singh Resident Of Village – Balaur, P.S.
Kurhani, District – Muzaffarpur
2. Ramesh Singh Son Of Late Hanslal Singh Resident Of Village – Balaur, P.S.
Kurhani, District – Muzaffarpur
3. Meena Devi Wife Of Ramesh Singh Resident Of Village – Balaur, P.S. Kurhani,
District – Muzaffarpur
4. Rakesh Kumar Son Of Rameswar Singh Resident Of Village – Thatiyan, P.O.
Balaur, P.S. Kurhani, District – Muzaffarpur
5. Kanchan Mala Wife Of Rakesh Kumar Resident Of Village – Thatiyan, P.O.
Balaur, P.S. Kurhani, District – Muzaffarpur
…. …. Petitioner/s
Versus
1. The State Of Bihar
2. Rinku Singh Wife Of Shiv Ranjan Kumar, D/O Sri Suresh Singh Resident Of
Village – Kabia, P.O. Azizpur, P.S. Kurhani, District – Muzaffarpur
…. …. Opposite Party/s
Appearance :
For the Petitioner/s : Mr. Neeraj Kumr @ Sanidh
For the Opposite Party/s : Mr. Khurshid Anwar
CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA
C.A.V. JUDGMENT
Date: 01-08-2017
Heard learned counsel for the parties.
Petitioners, by means of this application under section
482 of the Code of Criminal Procedure, have invoked the inherent
jurisdiction of this Court with prayer to quash the order dated
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30.09.2013, passed by Sub-Divisional Judicial Magistrate, West,
Muzaffarpur, in Kurhani P.S. Case No. 208 of 2011, whereby
cognizance has been taken against the petitioners for the offence
under sections 498A/34 of the Indian Penal Code and section 3/4 of
the Dowry Prohibition Act.
The contention of the learned counsel for the
petitioners is that no offence against the petitioners is disclosed and
the present prosecution has been instituted with mala fide intention
for the purposes of harassment. The occurrence is alleged to have
taken place on 05.02.2010 whereas the present first information
report has been lodged on 22.08.2011. There is delay of about six
month, but there is no explanation for the delay. Learned counsel, in
support of his argument for quashing the order taking cognizance,
has placed reliance on the judgments of the Hon’ble Supreme Court
and the Orissa High Court reported in A.I.R. 2010 SC 3363, A.I.R.
1992 SC 604 and 2003 Cr. L.J.3772.
Learned counsel appearing for the State opposes the
application by contending that there are allegations against the
petitioners and no ground for quashing the entire proceedings is
made out.
From perusal of the material on record and looking into
the facts of the case at this stage, it cannot be said that no offence is
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made out against the petitioners. All the submissions made at bar
relates to the disputed questions of fact, which cannot be adjudicated
upon by this Court in exercise of power conferred under section 482
Cr. P.C. Only a prima facie satisfaction of the Court about the
existence of sufficient ground to proceeding in the matter is required.
At this stage only prima facie case is to be seen in the light of the law
laid down by Supreme Court in cases of R.P. Kapur Vs. State of
Punjab, A.I.R. 1960 SC 866, State of Haryana Vs. Bhajan Lal,
1992 SCC (Cr.) 426, State of Bihar Vs. P.P. Sharma, 1992 SCC
(Cr.) 192, Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful
Haq and another (Para-10) 2005 SCC (Cr.) 283 and recently in
A.R.C.I. Vs. Nimra Cerglass Technics (P) Ltd. (2016) 1 SCC 348.
The submissions made by the learned counsel for the petitioners call
for adjudication on pure questions of fact which may be adequately
gone into by the trial Court in this case. This Court does not deem it
proper, and therefore cannot be persuaded to have a pre-trial before
the actual trial begins. The disputed defence of the accused cannot be
considered at this stage. The judgments of the Hon’ble Supreme
Court and the Orissa High Court, cited above, are on different set of
facts and the same is not applicable in the facts and circumstances of
the present case. Further, the petitioners have got a right of discharge
through a proper application for the said purpose and he is free to
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take all the submissions in the said discharge application before the
trial Court. The prayer for quashing the order taking cognizance is
refused.
The application accordingly stands dismissed.
(Arvind Srivastava, J)
Manish/-
AFR/NAFR NAFR
CAV DATE 15.05.2017
Uploading Date 03.08.2017
Transmission 03.08.2017
Date
