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Prof. Vidya Sagar Prasad & Anr vs State Of Bihar & Anr on 11 April, 2018

Criminal Miscellaneous No.50026 of 2013
Arising Out of PS.Case No. -326 Year- 2010 Thana -NALANDA COMPLAINT CASE District-

1. Prof. Vidya Sagar Prasad S/O Late Bindeshwari Prasad Resident Of Hilsa (Town),
Police Station- Hilsa, District- Nalanda.

2. Manorama Devi @ Manorama Sinha W/O Prof. Vidya Sagar Prasad Resident Of
Hilsa (Town), Police Station- Hilsa, District- Nalanda …. …. Petitioners

1. The State Of Bihar

2. Madu Priya D/O Arun Kumar Sinha Resident Of Mohalla- Bhainsasur, Near
Telephone, Exchange, Police Station- Bihar Sharif, District- Nalanda.

…. …. Opposite Parties

Appearance :

For the Petitioners : Mr. Mukesh Kumar, Advocate
For the State : Mrs. Pushpa Sinha, APP

For the no.2 : Mr Rana Balgit Singh, Advocate

Date: 11-04-2018

Heard learned counsel for the petitioners, the State and the

opposite party no.2.

It is submitted on behalf of the petitioners that the

allegations made out against the petitioners to are false as the

complainant has sustained injuries by falling in the bathroom and

taking advantage of such injuries she has implicated them in the

false case. It is also submitted that the petitioners are aged persons

and suffering from various illness.

Learned counsel for the opposite party no. 2 opposes the

prayer made on behalf of the petitioners. It is also pointed out by the

learned counsel that vide orders dated 14.3.2018 and 6.4.2018,

passed in Cr.Misc.Nos. 10759/2012 and 49887/2013 respectively,
Patna High Court Cr.M isc. No.50026 of 2013 dt.11-04-2018


this Court has dismissed quashing applications of other accused

persons filed for quashing of cognizance order dated 11.6.2010.

Defence of the petitioners cannot be looked into by this

Court. It is also noticed that merely because the petitioners are

suffering from some illness, the criminal proceedings wherein

allegations have been levelled against them by the complainant,

cannot be quashed by this Court exercising jurisdiction under section

482 of the Code of Criminal Procedure, even the plea of the

petitioners that they are ill, is taken to be true. This Court finds

sufficient material in the complaint before the learned Magistrate to

arrive at the conclusion regarding taking of the cognizance. As such,

this Court finds no infirmity in the order dated 11.6.2010, wherein

cognizance has been taken in Complaint Case No. 326C of 2010 for

the offence under sections 498A, 406, 323, 379, 504/34 of the Indian

Penal Code.

Considering the aforesaid submissions, the petition filed

under section 482 of the Cr.P.C. is dismissed.

(Madhuresh Prasad, J)

Uploading Date 12.4.2018
Transmission 12.4.2018

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