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Gopal Lal Sah & Anr vs State Of Bihar & Anr on 17 September, 2018

IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13054 of 2016
Arising Out of PS. Case No.-1147 Year-2014 Thana- KATIHAR COMPLAINT CASE
District- Katihar

1. Gopal Lal Sah Son of Late Kishun Lal Sah

2. Krishna Devi Wife of Gopal Lal Sah Both Resident of Mohalla-
Nakul Chand Lane, Mundichak, P.S.-Tilkamanjhi, District-
Bhagalpur.

… … Petitioner/s
Versus

1. The State of Bihar

2. Rita Devi Wife of Sanjay Kumar Sah, D/O Sita Ram Sah Resident of
Daeharia, Naya Tola, P.s.-Katihar, District-Katihar.

… … Opposite Party/s

Appearance :

For the Petitioner/s : Mr. Dr. Manoj Kumar
For the Opposite Party/s : Mr. Anuradha Singh(App)

CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA
ORAL JUDGMENT
Date : 17-09-2018

This petition under Section 482 Cr.P.C. has been filed for

quashing the order dated 18.6.2015 passed by the SDJM, Katihar

in complaint case no. 1147 of 2014 by which learned Magistrate

has taken cognizance for the offence under Section 498A IPC

against these petitioners .

Heard learned counsel for the petitioners and State.

Learned counsel for the petitioners has submitted that

petitioners are father-in-law and mother-in-law of the complainant.

There is specific allegation of physical and mental torture

against these petitioners along with her husband.

The learned court below has after looking into alleation in
Patna High Court Cr.Misc. No.13054 of 2016 dt.17-09-2018
2/2

the complaint and statement of the witnesses including SA of

the complainant has found prima facie case against these

petitioners along with her husband for the offence under Section

498A.

The Court below is only required to see prima facie case at

the time of holding enquiry. Therefore, this Court does not find

any illegality in impugned order passed by the Court below.

This Cr. Misc. petition is, accordingly, dismissed.

The Court below will proceed in the case in accordance

with law.

The petitioners are given liberty to raise all the points, as

raised in the present application, at the time of framing of charge,

which shall be considered and disposed off by the learned court

below in accordance with law without being prejudiced by this

order.

(Sanjay Priya, J)

shyambihari/-

AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 21.09.2018
Transmission Date 21.09.2018

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