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Md. Jamshed Alam vs State Of Bihar & Anr on 27 July, 2018


Criminal Miscellaneous No.57015 of 2017
Arising Out of PS.Case No. -108 Year- 2011 Thana -KURTHA District- JEHANABAD

Md. Jamshed Alam, Son of Md. Athar Imam, Resident of Village- Dhamaul, Police
Station- Kurtha, District- Arwal.

…. …. Petitioner

1. The State of Bihar.

2. Nahid Parveen, Wife of Md. Jamshed Alam, Resident of Village- Dhamoul,
Police Station- Kurtha, District- Arwal. at present R/o Village- Pakahi, Police
Station- Makhdumpur (Tehta), District- Jehanabad.

…. …. Opposite Parties

Appearance :

For the Petitioner/s : None
For the State : Mrs. Pushpa Sinha, APP
For the informant : Mr. Umesh Kumar, Advocate

Date: 27-07-2018

Nobody appears on behalf of the learned counsel for the

petitioner. Learned counsel for the opposite party no.2 is present.

2. This application under Section 482 of the Code of

Criminal Procedure (for short ‘Cr.P.C.’) has been filed by the

petitioner for quashing the order dated 17.10.2017 passed by the

learned Additional District Judge-1st , Jehanabad in Sessions Trial

No. 89 of 2017/42 of 2017 arising out of Kurtha P.S. Case No. 108

of 2011 by which the application dated 07.10.2017 filed under

Section 227 of the Cr.P.C. by the petitioner seeking discharge has
Patna High Court Cr.M isc. No.57015 of 2017 dt.27-07-2018


already been rejected.

3. The petitioner has been made accused in a case

registered under Sections 498A, 323 and 313 read with 34 of the

Indian Penal Code as also Sections 3 and 4 of the Dowry Prohibition

Act. In the first information report, it is alleged that the informant

was married to the petitioner on 20.01.2010. Immediately after

marriage, he started demanding Rs.1,50,000/- and a motorcycle and

for non-fulfillment of the same, the informant was mercilessly

assaulted on several occasions, as a result of which a pregnancy of

two months got terminated.

4. The allegations made in the first information report were

investigated by the police. In course of investigation witnesses

examined under Section 161(3) of the Cr.P.C. corroborated the

allegations made by the informant and on completion of the

investigation, police submitted charge-sheet against the petitioner

and others.

5. Since the case was triable by the court of session, the

learned Magistrate committed the case to the court of session. At the

stage of framing of charge, an application seeking discharge was

filed by the petitioner which was dismissed by the court below vide

impugned order dated 07.10.2017 on the ground that there is

sufficient material on record to proceed against the petitioner.
Patna High Court Cr.M isc. No.57015 of 2017 dt.27-07-2018


6. Learned counsel appearing for the State being assisted

by the learned counsel for the informant submitted that by now,

charges have already been framed and the case is pending for trial.

7. Having perused the materials available on record, I find

that there is sufficient ground to proceed against the petitioner in the

instant matter and in that view of the matter, if the court below has

rejected the application filed under Section 227 of the Cr.P.C. by the

petitioner, no fault can be found with such order.

8. Accordingly, the application, being devoid of any merit,

is dismissed.

(Ashwani Kumar Singh, J)


Uploading Date 01.08.2018
Transmission 01.08.2018

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