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Syed Tanveer & Ors vs State Of Bihar & Anr on 6 April, 2018

IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46521 of 2013
Arising Out of PS. Case No.-449 Year-2013 Thana- EAST CHAMPARAN COMPLAINT
District- East Champaran

1. Syed Tanveer Son Of Syed Faze-E-Imam R/O Village-Jalhan
Miyan Toli, P.S.-SANGRAMPUR, Distric-East Champaran

2. Syed Faze-E-Imam Son Of Late Syed Abdul Gaffar R/O Village-
Jalhan Miyan Toli, P.S.-SANGRAMPUR, Distric-East
Champaran

3. Mustquima Khatoon Wife Of Syed Faze-E-Imam R/O Village-
Jalhan Miyan Toli, P.S.-SANGRAMPUR, Distric-East
Champaran

… … Petitioner/s

Versus

1. The State Of Bihar

2. Noor Fatma D/O Syed Jan Mohammed R/O Village-Fadwa, P.S.-Harsiddhi,
District-East Champaran

… … Opposite Party/s

Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate
For the Opposite Party/s : Mr. Ashraf Ansari (App)

CORAM: HONOURABLE THE CHIEF JUSTICE
ORAL JUDGMENT
Date : 06-04-2018
As far as applicant No.1 Syed Tanveer is concerned,

learned Counsel prays for permission to withdraw this application

with respect to the said applicant with liberty to raise appropriate

objection before the trial court and seek his discharge.

Accordingly, the application, so far as applicant No.1

Syed Tanveer is concerned, is dismissed as withdrawn with the

liberty as aforesaid.

The application is now being prosecuted on behalf of

applicant No.2 Syed Fazl-E-Imam and applicant No.3 Mustquima
Patna High Court Cr.Misc. No.46521 of 2013 dt.06-04-2018
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Khatoon, who are the father-in-law and the mother-in-law

respectively of the complainant. On a perusal of the complaint,

Annexure 1 and the averment of the complainant recorded before

the trial court, it is seen that she makes various allegations against

applicant No.1 Syed Tanveer in the matter of marrying her by

concealing his 1st marriage and with regard to harassment and

demand of a Motorcycle etc.

So far as applicant No.2 Syed Fazl-E-Imam and

applicant No.3 Mustquima Khatoon are concerned, omnibus

general allegations have been brought on record without

specifying any particulars of the overt act attributed to them which

amounts to harassment or demand of dowry.

That being so, no offence under Section 498A of I.P.C. is

made out against applicant Nos.2 and 3 on a perusal of the

averment of the complainant recorded before the trial court and,

therefore, the application with regard to these two applicants is

allowed.

Accordingly, the entire proceeding in Trial No.3363 of

2013, arising out of Complaint Case No.449 of 2013, pending in

the Court of learned S.D.J.M., Motihari, East Champaran and the

order dated 1.8.2013 taking cognizance of the offence against
Patna High Court Cr.Misc. No.46521 of 2013 dt.06-04-2018
3/3

these two applicants are quashed and they are discharged of the

proceedings.

(Rajendra Menon, CJ)

K.C.Jha/-

AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 09.04.2018
Transmission Date

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