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Jitendra Jha @ Jitendra Kumar Jha vs State Of Bihar & Anr on 11 September, 2018

IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1179 of 2016
Arising Out of PS. Case No.-148 Year-2012 Thana- DHAKA District- East Champaran

Jitendra Jha @ Jitendra Kumar Jha Son of Achutanand Jha Resident of
Village-Bhandar,P.s Dhaka, District East Champaran.

… … Petitioner/s
Versus

1. The State of Bihar.

2. Archana Devi daughter of Late Chedi Thakur and wife of Jitendra kumar jha
resident of Village Vishnupur, P.s Kataha, District Muzaffarpur.

… … Opposite Party/s

Appearance :

For the Petitioner/s : Mr. Prince Kumar Mishra, Advocate
For the Opposite Party/s : Mr. C.Sen Pd.Singh, (App)

CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA
ORAL JUDGMENT
Date : 11-09-2018
This petition under Section 482 Cr.P.C. has been filed

for quashing the order dated 04.09.2013 passed by the

S.D.J.M., Motihari in Dhaka P.S. case no. 148 of 2012 by

which learned Magistrate has taken cognizance for the offence

under Sections 498A, 323 and 504 read with Section 34 of the

IPC and Section ¾ of the Dowry Prohibition Act against the

petitioner.

Heard learned counsel for the petitioner and State.

Learned counsel for the petitioner has submitted that

the instant case has been filed after filing of the Divorce case by

the petitioner against the informant on 19.01.2013.

The learned court below has mentioned in the

impugned order that police after investigation submitted charge-

Patna High Court Cr.Misc. No.1179 of 2016 dt.11-09-2018
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sheet against the petitioner. Learned Magistrate after looking

into the materials available in the case diary and allegation in

the written report has taken cognizance for the offence under

Sections 498A, 323 and 504 read with Section 34 of the IPC and

Section ¾ of Dowry Prohibition Act.

As per written report petitioner is husband of the

informant. There is specific allegation against this petitioner in

the written report.

The Court below is only required to seen prima facie

case at the time of taking cognizance. Therefore, this Court does

not find any illegality in impugned orders passed by the Court

below.

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

The Court below will proceed in the case in

accordance with law.

(Sanjay Priya, J)
shyambihari/-

AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 15.9.2018
Transmission Date 15.9.2018

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