IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 8769 of 2015
Arising Out of P.S. Case No.-37 Year-2014 Thana- MAHILA P.S. District- Bhagalpur
1. Krishna Devi, Wife of Surya Narayan Prasad Bhagat.
2. Surya Narayan Prasad Bhagat, S/o Late Ramchandra Prasad Bhagat.
3. Chhaya Devi, Wife of Shiv Shankar Prasad Bhagat @ Shiv Shankar Prasad.
4. Shiv Shankar Prasad Bhagat @ Shiv Shankar Prasad S/o Surya Narayan
Prasad Bhagat.
All residents of Naugachia, Dharmashala Road, P.S. Naugachia, District-
Bhagalpur.
… … Petitioner/s
Versus
1. The State of Bihar
2. Soni Kumari W/o Ravi Shankar Prasad Bhagat, resident of Naugachia,
Dharmashala Road, P.S. Naugachia, District- Bhagalpur.
… … Opposite Party/s
Appearance :
For the Petitioner/s : Mr. Praveen Kumar, Advocate
For the State : Mr. Ram Anurag Singh, APP
CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN
AMANULLAH
ORAL JUDGMENT
Date : 06-05-2019
Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have moved the Court under Section
482 of the Code of Criminal Procedure, 1973 for the following
relief:
“That, this is an application for quashing of
the order dated 6.11.2014, passed in (Mahila P.S.
Naugachia Case No. 37 of 2014 (G.R. No. 895/2014),
registered for the offences under Sections 498(A),
Section341, Section323, Section504, Section506, Section34 I.P.C. (District Bhagalpur),
passed by Sri P.V.S. Parmar, the learned Judicial
Patna High Court CR. MISC. No.8769 of 2015 dt.06-05-2019
2/3Magistrate, Ist Class, Naugachia, District Bhagalpur,
whereby and whereunder the learned Magistrate has
taken cognizance against the petitioners for offences
punishable under Sections 498A, Section341, Section323, Section504 and
Section506/Section34 I.P.C.”
3. The allegation against the petitioners is of assault and
torture.
4. Learned counsel for the petitioners submitted that the
allegation is general and omnibus and that the petitioners no. 1
and 2 are the mother-in-law and father-in-law whereas petitioner
no. 3 is the wife of petitioner no. 4, who is the brother of the
husband of the opposite party no. 2.
5. Learned APP submitted that there is allegation of
complicity against the petitioners also which has been found to be
correct by the police during investigation and for the purpose of
taking cognizance, the Court has only to see that prima facie case
is made out against the accused. It was submitted that in the
present case, from the materials before the Court below, it cannot
be said that the order impugned taking cognizance is based on non
est grounds. It was further submitted that the petitioner has full
opportunity to present his case at the appropriate stage before the
Court below but the present challenge to the order taking
cognizance is misconceived.
Patna High Court CR. MISC. No.8769 of 2015 dt.06-05-2019
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6. Having considered the facts and circumstances of the
case and submissions of learned counsel for the parties, the Court
finds substance in the contention of learned APP. As has rightly
been submitted by him, the petitioners have full opportunity to
present their case before the Court below itself at the time of
framing of charge which will be considered by the Court
concerned, on its own merits, in accordance with law.
7. For reasons aforesaid, the application stands disposed
off with liberty to the petitioners to move before the Court below
at the appropriate stage. If the same is done, the Court below shall
consider the matter on merits, in accordance with law, without
being prejudiced by the present order.
(Ahsanuddin Amanullah, J.)
P. Kumar
AFR/NAFR
U
T