IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55979 of 2015
Arising Out of PS. Case No.-2 Year-2015 Thana- MAHILA PS District- Gaya
1. Krishna Prasad Yadav @ Krishna Yadav, Son of Late Kameshwar Yadav
2. Ravi Yadav, Son of Krishna Prasad Yadav @ Krishna Yadav
3. Rekha Devi, D/o Krishna Prasad Yadav @ Krishna Yadav
4. Kanti Devi, Wife of Ravi Yadav, All resident of Village Nimthu, P.S.
Nimchak Bathani, District Gaya.
… … Petitioner/s
1. The State of Bihar
2. Rekha Devi, D/o of Ramanand Yadav, Wife of Rajeev Kumar @ Rajeev
Ranjan, resident of Village Tetua Birar, P.S. Atri, District Gaya
… … Opposite Party/s
For the Petitioner/s : Mr. Durgesh Nandan, Advocate
For the Opposite Party/s : Mr. Smt. A. Jaiswal, APP
CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR
Date : 04-09-2019
Heard the parties.
2. By the impugned order dated 11.08.2015, the learned
Judicial Magistrate, 1st Class, Gaya took cognizance in connection
with Mahila P.S. Case No. 02 of 2015 and ordered issuance of
summons against the accused person to face trial for offences
under Sections 498A and Section494 of the Indian Penal Code.
3. Learned counsel for the petitioners has drawn
attention of the Court towards the charge sheet submitted in the
aforesaid police case and submits that, in fact, the petitioners were
not sent up for trial, rather only husband of the informant, namely,
Patna High Court CR. MISC. No.55979 of 2015 dt.04-09-2019
Rajeev Ranjan @ Rajeev Kumar was sent up to face trial for
offences under Sections 498A and Section494 of the Indian Penal Code.
4. However, the learned court below in a mechanical
manner recorded that charge sheet has been submitted against the
5. Since the impugned order apparently suffers from
non-application of judicial mind, the same is not sustainable in law
for the simple reason that it would lead to miscarriage of justice.
Hence, it stands set aside and the matter is remitted back to the
learned court below to pass fresh order after going through the
material collected during investigation of the case, according to
law, within fifteen days from the date of receipt of a copy of this
6. Accordingly, this application stands allowed.
(Birendra Kumar, J)
CAV DATE N.A.
Uploading Date 06.09.2019
Transmission Date 06.09.2019