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Lambodar Jha & Ors vs State Of Bihar & Anr on 6 September, 2018

IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3190 of 2016
Arising Out of PS.Case No. -1022 Year- 2014 Thana -PATNA COM PLAINT CASE District- PATNA

1. Lambodar Jha, S/o Late Mithilesh Jha

2. Sunaina Jha, W/o Lambodar Jha

3. Dhirendra Kumar Jha @ Dhirendra Jha, S/o Lambodar Jha

4. Jitendra Kumar Jha @ Jitendra Jha, S/o Lambodar Jha

5. Anand Kumar Jha, S/o Lambodar Jha
All resident of Village- Balia, Post- Tisi Narsam, P.S.- Benipatti, District-
Madhubani at present residing at C/o Anand Kumar Jha, S/o Lambodar Jha, R/o
302 Building No.-10, Near Amrut Dham Yogi Dham, Kalyan, West Mumbai-
421302.

…. …. Petitioner/s
Versus

1. The State of Bihar.

2. Sweta Kumari Jha, D/o Binod Kumar Jha, R/o village + Post- Kaligaon,
P.S.- Singhwara, District- Darbhanga at present C/o Binod Kumar Jha, New
Mithila Colony, Near of St. Domini School, Nasriganj Biscuit Factory, Shiv
Parvati Kunj, P.S.- Danapur, District- Patna.

…. …. Opposite Party/s

Appearance :

For the Petitioner/s : Mr. Ratnakar Kha, Advocate.
For the Opposite Party No.2: Mr. Ghanshyam Tiwary, Advocate.
For the State : Mr. Anusaiya Jaiswal, A.P.P.

CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA
ORAL JUDGMENT
Date: 06-09-2018

1. This application under Section 482 of the Code of

Criminal Procedure has been filed for quashing the order dated

19.05.2015 passed by learned Sub Divisional Judicial Magistrate,

Danapur, Patna, in Complaint Case No. 1022(C) of 2014 by which the

learned Magistrate after holding enquiry has found prima facie case

against the petitioners for the offences under Sections 498A and 504

of the Indian Penal Code.

Patna High Court Cr.M isc. No.3190 of 2016 dt.06-09-2018

2/2

2. Counsels for the petitioners and opposite party

No. 2 are present.

3. Counsel for the opposite party No. 2 submits that

by order dated 12.02.2016 stay has been granted to the petitioners.

The petitioners are lingering the matter.

4. Several adjournments have been given to settle

dispute between the parties. By order dated 13.11.2017 last chance

was given to settle the disputes, but the dispute could not be settled.

5. From impugned order it appears that court below

has after looking into allegation in complaint petition and statement of

witnesses including Solemn Affirmation of Complainant has found

prima facie case against the petitioner.

6. The court below is only required to see prima facie

case at the time of holding enquiry.

7. Therefore, this Court does not find any illegality in

the impugned order.

8. This Criminal Miscellaneous application is

accordingly dismissed.

(Sanjay Priya, J)
S.Ali/-

AFR/NAFR NAFR
CAV DATE N.A.
Uploading Date 12/09/2018
Transmission 12/09/2018
Date

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