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Nutan Mishra @ Nutan Mishra Devi & … vs The State Of Bihar on 6 April, 2017

IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37356 of 2013
Arising Out of PS.Case No. -69 Year- 2008 Thana -CHANPATIA District-
WESTCHAMPARAN(BETTIAH)

1. Nutan Mishra @ Nutan Mishra Devi Wife Of Sri Sachidanand Mishra
Resident Of Village – Dhamaura, P.S. – Sadhi, District – West Champaran.

2. Ashok Kumar @ Ashok Kumar Mishra Son Of Sri Sachidanand Mishra
Resident Of Village – Dhamaura, P.S. – Sadhi, District – West Champaran.

3. Pawan Kumar @ Pawan Kumar Mishra Son Of Sri Sachidanand Mishra
Resident Of Village – Dhamaura, P.S. – Sadhi, District – West Champaran.

4. Sachidanand Mishra Son Of Late Hari Mohan Mishra Resident Of Village –
Dhamaura, P.S. – Sadhi, District – West Champaran.

5. Prabhat Shankar Jha @ Guddu Jha Son Of Late Amarendra Kishore Jha
Resident Of Village – Bamu Chapar, P.S.- Mufassil, District – West Champaran.

6. Pushpa Jha @ Pushpa Devi Wife Of Sri Prabhat Shankar Jha Resident Of
Village – Bamu Chapar, P.S.- Mufassil, District – West Champaran.

…. …. Petitioner/s
Versus

1. The State Of Bihar
…. …. Opposite Party/s

Appearance :

For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.

CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA
ORAL JUDGMENT

Date: 06-04-2017

This application under Section 482 of the Code of

Criminal Procedure has been filed for quashing the order dated

02.03.2012, passed by the Chief Judicial Magistrate, West

Champaran, Bettiah in Chanpatia P.S. Case No. 69 of 2008, wherein

cognizance has been taken against the petitioners under Sections

498A/34 of the Indian Penal Code.

Patna High Court Cr.Misc. No.37356 of 2013 dt.06-04-2017

2/3

It appears that several adjournments have been

taken by the petitioners. On 03.04.2017, last chance was given to the

petitioners and it was made clear that matter would be finally disposed

of on the basis of materials available on the record, if none appears on

behalf of the petitioners.

Today also, the prayer has been made to adjourn

the matter.

From the records, it appears that on the basis of

charge-sheet submitted by the police, the allegations made in the

written report and the materials available in the case diary the

Magistrate found sufficient materials against the accused

persons/petitioners and took cognizance for the offence under Section

498A of the Indian Penal Code.

Learned A.P.P. has submitted that there are

sufficient materials in the case diary.

Therefore, this Court does not find any illegality in

the impugned order dated 02.03.2012, passed by the Chief Judicial

Magistrate, West Champaran, Bettiah in Chanpatia P.S. Case No. 69

of 2008, whereby cognizance has been taken against the petitioners

under Sections 498A/34 of the Indian Penal Code.

The Trial Court will proceed in the trial in

accordance with law.

Patna High Court Cr.Misc. No.37356 of 2013 dt.06-04-2017

3/3

This quashing application is, accordingly,

dismissed.

(Sanjay Priya, J)
Shageer/-

AFR/NAFR NAFR
CAV DATE NA
Uploading Date ….04/2017
Transmission …/04/2017
Date

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