IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40982 of 2014
Arising Out of PS.Case No. -74 Year- 2014 Thana -BEUR District- PATNA
Abhay Kumar Singh, son of Late Ram Narain Singh, resident of village- Pipra, P.S.
Dumariya, District Gaya and presently residing at A.G. Colony, P.S.- Shastri Nagar,
District Town- Patna
…. …. Petitioner/s
Versus
1. The State of Bihar
2. Sudha Singh, W/o Abhay Kumar Singh, resident of Mohalla- A. G. Colony,
(Golden Palace), P.S. Shastri Nagar, District- Patna
…. …. Opposite Party/s
Appearance :
For the Petitioner/s : Mr. Satish Kumar, Adv.
For the Opposite Party no.1 : Mr. Bharat Bhushan, APP
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
ORAL JUDGMENT
Date: 04-10-2017
Heard learned counsel for the petitioner and learned
APP for the State. Despite notice, the opposite party no.2 has not
appeared.
Learned counsel for the petitioner submits that, in the
present case, the learned Judicial Magistrate, 1st Class, Patna has
passed order dated 18.06.2014 taking cognizance of offences under
Sections 498A, 494, 323 and 341 of the Indian Penal Code without
properly appreciating the materials available on the record. According
to him, the present case has been filed on false and fictitious
allegations after a period of 17 years of marriage and, therefore, the
order taking cognizance is fit to be quashed.
Patna High Court Cr.Misc. No.40982 of 2014 dt.04-10-2017 2
This Court has perused the FIR and the impugned
order which are available on the record. It appears from the reading of
the FIR that there are allegations of cruelty against this petitioner who
happens to be the husband of the victim lady. The learned Judicial
Magistrate has perused the materials collected by the police in course
of investigation and finding a prima facie case took cognizance for the
offences as stated above. I do not find any case for interference at this
stage.
The petitioner, if so advised, shall raise all such pleas
which are available to him at the time of framing of charge in the
court below. If such a plea is raised, the same shall definitely be
considered by the court below in accordance with law on the basis of
the materials available on the record.
The application is disposed of with the aforesaid
observations.
(Rajeev Ranjan Prasad, J)
Arvind/-
AFR/NAFR
CAV DATE
Uploading Date 06.10.2017
Transmission 06.10.2017
Date