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
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
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
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. 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.)
CAV DATE NA
Uploading Date 23.12.2017