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Kailash Prasad Gupta & Ors vs State Of Bihar & Anr on 16 July, 2018

IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47692 of 2014
Arising Out of PS.Case No. -556 Year- 1998 Thana -SARAN COMPLAINT CASE District-
SARAN

1. Kailash Prasad Gupta S/o Late Jhunnilal Shah

2. Kalavati devi W/o Kailash Prasad Gupta Both 1 and 2 resident of village-
Rasauli, P.S.- Panapur, District- Saran, Chapra

3. Sarita Devi W/o Ram Kumar Resident of P.O. Jaithar, P.S. Taraiya, District-
Saran Chapra

4. Malti Kumari W/o Baliram Resident of P.O. Taraiya, P.s.- Taraiya, District-
Saran Chapra

…. …. Petitioner/s
Versus

1. The State of Bihar

2. Ram Deo Shah S/o Late Devanndan Shah R/o village- Wajidpur, P.S.- Garkha,
District- Saran, earlier residing at Railway Colony, Chapra Kachhari, Chapra Rail
Thana, District- Saran.

…. …. Opposite Parties

Appearance :

For the Petitioners : Mr. Jay Vardhan Narayan, Advocate.

For the State : Smt. Rina Sinha, APP

CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA
ORAL JUDGMENT
Date: 16-07-2018

Heard learned counsel for the petitioners and the State. None

appeared on behalf of opposite party No. 2 although notice has been

personally received by opposite party No. 2.

This application has been filed for quashing the order dated 13-

07-1998 passed by learned Judicial Magistrate-Ist Class, Saran at Chapra in

Complaint Case No. 556 of 1998, by which, the learned Magistrate after

holding inquiry u/S 202 Cr.P.C. has found prima facie against the

petitioners for the offence under Sections-323, 379, 498A of the IPC and ¾

of Dowry Prohibition Act.

Learned counsel for the petitioners submits that these
Patna High Court Cr.M isc. No.47692 of 2014 dt.16-07-2018

Page 2 of 2

petitioners are father-in-law, mother-in-law and married Nanad of the

daughter of the complainant. There is general and omnibus allegation

levelled against these petitioners. It is further submitted that marriage of

the complainant with her husband has already been dissolved by judgment

dated 25-01-2001 passed in Divorce Suit No. 44 of 1998/01 of 1998.

Copy of the aforesaid judgment has been enclosed as Annexure-3 to this

petition. The report regarding current stage of the case was called for,

which has been received. It is mentioned in the report that the case is at

present pending for appearance of the accused persons.

This court from the complaint petition finds that there is

general and omnibus allegation against these petitioners.

Therefore, the impugned order dated 13-07-1998 passed by

learned Judicial Magistrate-Ist Class, Saran at Chapra in Complaint Case

No. 556 of 1998 along with entire criminal proceeding against these

petitioners is quashed.

This Cr. Misc. Application is accordingly, allowed.

(Sanjay Priya, J)

A.K.V./-

AFR/NAFR AFR
CAV DATE NA
Uploading Date 19-07-2018
Transmission 19-07-2018
Date

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