IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51309 of 2014
Arising Out of PS.Case No. -1193 Year- 2011 Thana -BHABHU(KAIMUR) COMPLAIN C
District- BHABHUA (KAIMUR)
1. Kamlesh Kumar Jaiswal S/o Uma Shankar Jaiswal Resident of Village Baruna,
P.S. Kuchila, District Kaimur at Bhabua.
…. …. Petitioner/s
Versus
1. The State of Bihar.
2. Mira Devi W/o Kamlesh Kumar Jaishwal, D/o Bharat Sah at present Resident of
Village Baispura, P.S. Kargarhar (Sidhi), District Rohtas.
…. …. Opposite Party/s
Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA
ORAL JUDGMENT
Date: 27-11-2017
None appears on behalf the petitioner. Counsel for the and the
State is present.
2. This application has been filed for quashing the order
dated 07-07-2012 passed by learned Sub Divisional Judicial
Magistrate, Kaimur at Bhabua in Complaint Case No. 1193 of
2011 by which, the learned Magistrate after holding inquiry u/S
202 Cr.P.C. has found prima facie against the petitioner for the
offence under Section-498A of the IPC.
From the complaint petition, it appears that the petitioner is itioner
is husband of the complainant.
There is specific allegation against this petitioner in the
Patna High Court Cr.M isc. No.51309 of 2014 dt.27-11-2017
Page 2 of 2
complaint petition. The court below on the basis of S.A of the
complainant and statement of witnesses recorded during enquiry
u/S 202 of the Cr.P.C., found prima facie case against this
petitioner and the other accused persons named in the complaint
petition.
The learned Magistrate is only required to see prima facie
case at the time of holding enquiry on the basis of allegation
made in the complaint petition and the statement of witnesses
recorded during inquiry including S.A. of the complainant.
Therefore, this court does not find any illegality in
the impugned order. Accordingly, this Cr. Misc. Application is
dismissed.
The learned trial court is directed to proceed
in the trial in accordance with law.
(Sanjay Priya, J)
A.K.V./-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 04-12-2017
Transmission 04-12-2017
Date
