IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8648 of 2016
Arising Out of PS. Case No.-75 Year-2014 Thana- SHRIKRISHNAPURI District- Patna
1. Premraj Chaudhary son of Late Bindeshwari Chaudhary
2. Laxmi Devi wife of Premraj Chaudhary Both are residents of
village- Pasnauli Gagan, P.S.- Maharajganj, District- Siwan
… … Petitioner/s
Versus
1. The State of Bihar
2. Amita Mehta wife of Mithilesh Kumar, residents of village- Pasnauli Gagan,
P.S.- Maharajganj, District- Siwan at present residing at North Shri
Krishnapuri- 40 Sardar Patel Path, Police Station- S.K. Puri, District Town-
Patna.
… … Opposite Party/s
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Tiwary, Advocate
For the Opposite Party/s : Mr. Nawal Kishore Prasad, APP
CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA
ORAL JUDGMENT
Date : 17-09-2018
This petition under Section 482 Cr.P.C. has been filed for
quashing the order dated 27.5.2015 passed by the JM, Patna in
Shri Krishnapuri P.S. case no. 75 of 2014 by which learned
Magistrate has taken cognizance for the offence under Section
498A IPC and Section ¾ of the Dowry Prohibition Act against
these petitioner along with husband.
Heard learned counsel for the petitioners and State.
Learned counsel for the petitioners has submitted that
petitioners are father-in-law and mother -in-law of the informant.
In the written report, there is specific allegation against
both these petitioners of committing physical and mental torture
with the informant along with her husband.
Patna High Court Cr.Misc. No.8648 of 2016 dt.17-09-2018
2/2
The learned court below has mentioned in the impugned
order that police after investigation submitted charge-sheet against
these petitioners along with husband. Learned Magistrate after
looking into the materials available in the case diary and allegation
in the written report has taken cognizance against these
petitioners along with husband for the offence under Section
498A and Section ¾ of Dowry Prohibition Act.
The Court below is only required to see prima facie case at
the time of taking cognizance. Therefore, this Court does not find
any illegality in impugned orders passed by the Court below.
This Cr. Misc. petition is, accordingly, dismissed.
The Court below will proceed in the case in accordance
with law.
The petitioners are given liberty to raise all the points, as
raised in the present application, at the time of framing of charge,
which shall be considered and disposed off by the learned court
below in accordance with law without being prejudiced by this
order.
(Sanjay Priya, J)
shyambihari/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 21.09.2018
Transmission Date 21.09.2018
