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Rahmat Ali vs State Of Bihar & Anr on 18 September, 2018

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
District- Gopalganj

Rahmat Ali, Son of Israil Sah, Resident of Village- Chhahu, P.S. Turpatti,
District- Kushinagar (Uttar Pradesh).

… … Petitioner/s
Versus

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

Appearance :

For the Petitioner/s : Mr. Dhramveer, Advocate
For the Opposite Party/s : Mr. Md.Fahimuddin (App)

CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA
ORAL JUDGMENT
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
2/2

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)
shyambihari/-

AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 24.9.2018
Transmission Date 24.9.2018

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