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Ravi Shankar vs State Of Bihar And Anr on 1 July, 2019

IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5422 of 2015
Arising Out of PS. Case No.-3 Year-2014 Thana- BHAGWANGANJ District- Patna

Ravi Shankar Son of Sri Narayan Singh Resident of Mohalla- Rajendra
Nagar, Road No. 11/F, Plot No 41E, P.S. Kadamkuan, District Patna.

… … Petitioner/s
Versus

1. State Of Bihar

2. Jyoti Kumar D/o Suryadeo Singh, W/o Ravi Shankar At present Resident of
Village – Kharauna, P.S. Bhagwanganj, Sub-Division- Masaurhi, District
Patna.

… … Opposite Party/s

Appearance :

For the Petitioner/s : Mr.Surendra Kishore Thakur, Adv
For the Opposite Party/s : Mr.Indeshwari Prasad Mandal, Adv.
For State : Mr. Jharkhandi Upadhayay, APP

CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR
ORAL JUDGMENT
Date : 01-07-2019
Heard learned counsel for the parties.

2. This application under Section 482 Cr.P.C. is for

quashment of order dated 26.05.2014 whereby the learned

S.D.J.M., Masaurhi has taken cognizance against the petitioner

for offences under Sections 323, Section498A, Section504, and Section506 I.P.C. as

well as under Section 3/Section4 of the Dowry Prohibition Act in

connection with Bhagwanganj P.S.Case No.03 of 2014.

3. The FIR was lodged by opposite party No.2, the

wife of the petitioner, alleging therein that she was being

tortured by the petitioner and other inlaws for non-fulfillment of

dowry demand.

Patna High Court CR. MISC. No.5422 of 2015 dt.01-07-2019
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4. Contention of the petitioner is that in fact the

petitioner had lodged earlier case i.e. Kadamkuan P.S.Case

No.337 of 2013 alleging therein that his wife (opposite party

No.2) committed theft in the house and fled away alongwith the

ornaments. Just to save the skin, the present FIR has been

lodged with malicious intention. Next contention is that the

stereotyped cognizance order would reveal that suffers from

non-application of judicial mind.

5. Learned counsel for the opposite party No.2

submits that the opposite party No.2 is ready for restitution of

conjugal life.

6. It shall be opened for the parties to come to

settlement at any stage of the criminal proceeding.

7. The defence of the accused that the present case is

counter blast to the earlier case can be examined at the

appropriate stage of the trial and not at the stage of cognizance.

The case diary would reveal that other witnesses have also

supported the allegation against the petitioner. Hence, the

impugned order cannot be faulted only on the ground that it has

not referred or discussed the material collected during

investigation.

Patna High Court CR. MISC. No.5422 of 2015 dt.01-07-2019
3/3

8. Accordingly, this application has got no merit, it

stands dismissed.

(Birendra Kumar, J)

Nitesh/-

AFR/NAFR NAFR
CAV DATE NA
Uploading Date 03.07.2019
Transmission Date 03.07.2019

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