IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3218 of 2016
Arising Out of PS. Case No.-2134 Year-2012 Thana- GOPALGANJ COMPLAINT CASE
Rahmat Ali, Son of Israil Sah, Resident of Village- Chhahu, P.S. Turpatti,
District- Kushinagar (Uttar Pradesh).
… … Petitioner/s
1. The State of Bihar.
2. Suman Khatoon wife of Rahmat Ali, Daughter of Manu Sah, Resident of
Village- Ahirouli Dubouli (Tola- Takia), P.S. Gopalpur, District- Gopalganj.
… … Opposite Party/s
For the Petitioner/s : Mr. Dhramveer, Advocate
For the Opposite Party/s : Mr. Md.Fahimuddin (App)
CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA
Date : 18-09-2018
This petition under Section 482 Cr.P.C. has been filed for
quashing the order dated 21.11.2012 passed by learned CJM
Gopalganj in complaint case no. 2134 of 2012 by which learned
Magistrate has taken cognizance for the offence under section
323,498A, 406/34 of the IPC and Section ¾ of the D.P.Act against
the petitioner and others.
Heard learned counsel for the petitioner, State and learned
counsel for the opposite party no.2.
Petitioner is husband of the complainant.
In the complaint petition there is specific allegation against
this petitioner of committing physical and mental torture with the
complainant and also attempting to set her on fire.
Learned court below after recording the statement of the
Patna High Court Cr.Misc. No.3218 of 2016 dt.18-09-2018
complainant and other witnesses has found prima facie case against
the petitioner and others for the offence u/s 323, 498A and 406/34
of the IPC and Section ¾ of the DP Act.
Learned counsel for the petitioner has submitted that opposite
party no.2 has performed second marriage. But there is no
document to support the aforesaid allegation.
The court below is required to see prima facie case at the time
of taking cognizance.
Therefore, this Court does not find any illegality in the
impugned order. This Cr. Misc. petition is, accordingly, dismissed.
The learned Court below will proceed with the case in
accordance with law.
The petitioner is 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)
CAV DATE N/A
Uploading Date 24.9.2018
Transmission Date 24.9.2018