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Md. Khalil Ansari @ Md. Khalil & Ors vs State Of Bihar & Anr on 31 October, 2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63499 of 2018
Arising Out of PS.Case No. -null Year- null Thana -null District- PATNA

1. Md. Khalil Ansari @ Md. Khalil, son of Late Md. Naqui,

2. Md. Akhtar Ansari @ Akhtar Ansari, son of Md. Khalil Ansari,
Both residents of Mohalla- Narial Ghat Takiyapar, P.S.- Danapur, District-
Patna.

3. Baby Tabassum @ Tabassum Jahan wife of Ahmad Zaif,

4. Ahamd Zaif, son of Late Kaif Azimabadi,
Both are residents of Mohalla- New Azimabad Colony, P.S.- Sultanganj,
District- Patna.

5. Shama Parween, wife of Nisar Ahmad, resident of village- Dubari, P.S.-
Karakat, District- Rohtas.

…. …. Petitioner/s
Versus

1. The State of Bihar.

2. Gulshan Parween, daughter of Late Md. Nizamuddin, resident of Mohalla-
Nawab Kothi Digha, P.S.- Digha, District- Patna.

…. …. Opposite Party/s

Appearance :

For the Petitioner/s : Mr. Md. Rafi Ahmad, Advocate
For the Opposite Party/s : Mr. Anil Prasad Singh, APP

CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
ORAL JUDGMENT
Date: 31-10-2018

Heard learned counsel for the petitioners and learned

counsel for the State.

2. This application under Section 482 of the Code of

Criminal Procedure (for short ‘the Cr.P.C.’) has been filed for
Patna High Court Cr.M isc. No.63499 of 2018 dt.31-10-2018

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restoration of Cr. Misc. No.24518 of 2018 which was dismissed for

want of prosecution on 31.08.2018.

3. Learned counsel for the petitioners submitted that

he himself is a heart patient. On 31.08.2018, he was not feeling well

and, as such, he consulted a doctor, who advised him rest. In view of

the medical advice, he could not attend the court on 31.08.2018 and

the application was dismissed for want of prosecution.

4. Regard being had to the submissions made above,

prayer is allowed. Cr. Misc. No.24518 of 2018 is restored to its

original file.

Cr. Misc. No.24518 of 2018

Heard learned counsel for the petitioners and learned

counsel for the State.

2. This application under Section 482 of the Code of

Criminal Procedure has been filed by the petitioners for quashing the

FIR of Danapur P.S.Case No.463 of 2017 dated 17.07.2017 registered

under Sections 498A and 494 of the Indian Penal Code and Sections 3

and 4 of the Dowry Prohibition Act.

3. Learned counsel for the petitioners submitted that

there is no truth behind the allegations made in the FIR, which has

been instituted with ulterior motives. He, however, submitted that

during pendency of the application the police completed investigation
Patna High Court Cr.M isc. No.63499 of 2018 dt.31-10-2018

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and submitted report before the Court of Magistrate under Section

173(2) of the Cr.P.C. On perusal of the FIR and the police report

submitted under Section 173(2) of the Cr.P.C., the Magistrate has

already taken cognizance of the offences.

4. On perusal of the allegations made in the FIR, as

contained in Annexure-1 to the present application, I find that the

allegations made therein relate to demand of dowry and subjecting the

informant to cruelty by the petitioners in her matrimonial home for

non-fulfillment of the same. The petitioners happen to be relatives of

the husband of the victim. Considering the nature of allegations made

in the FIR, I am of the opinion that since cognizable offences are

attracted, no case for quashing the FIR is made out. The truth or

falsity of the allegations or the motives of the informant is to be seen

by the police in course of trial and by the court of competent

jurisdiction at different stages after submission of the police report.

The same cannot be examined by this Court while considering an

application under Section 482 of the Code of Criminal Procedure filed

for quashing of the FIR. Moreover, in the present case, the

investigation is over and on perusal of the police report and other

materials, the court of Magistrate has already taken cognizance of the

offence.

5. In my considered opinion, at this stage, no case for
Patna High Court Cr.M isc. No.63499 of 2018 dt.31-10-2018

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interference with the FIR is made out.

6. Accordingly, the application is dismissed.

(Ashwani Kumar Singh, J)

Md.S./-

AFR/NAFR NAFR
CAV DATE N.A.
Uploading Date 03.11.2018
Transmission 03.11.2018
Date

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