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Krishna Devi And Ors vs State Of Bihar And Anr on 6 May, 2019

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-

… … Petitioner/s

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

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


“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

Magistrate, 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


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

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


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