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Sachin Chauhan vs State Of Bihar & Anr on 28 November, 2018

IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44438 of 2015
Arising Out of PS. Case No.-44 Year-2015 Thana- BISHWAMBHARPUR District-
Gopalganj

Sachin Chauhan Son of Jyoti Chauhan resident of Village- Bajar
Matihaniya ,P.s Bishambharpur ,District Gopalganj, At present 1876 Rajgarh
Extension Gali No. 11, P.s Gandhinagar In Front of Bal Bharti School , Delhi-
110031

… … Petitioner/s
Versus

1. The State of Bihar

2. Ekta Chauhan W/o Sachin Chauhan ,D/o Jitendra Chauhan resident of
Village- Tariya, Harkosh, p.s Tariya Sujan, District Kushinagar(U.P) At
present E 16/41 Block -E Pocket 16 Sector 8 Rohini P.s Rohini Delhi 110085

… … Opposite Party/s

Appearance :

For the Petitioner/s :

For the Opposite Party/s :

CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN
AMANULLAH
ORAL JUDGMENT
Date : 28-11-2018

Nobody appears on behalf of the petitioner.

2. The matter has been placed before the Bench in terms

of the office note dated 07.05.2018 indicating that notice was

issued to opposite party no. 2 by order dated 28.03.2018 directing

requisites etc. to be filed within two weeks, failing which the

application, against the concerned opposite party would stand

dismissed without further reference to the Bench.

3. As per the office report, the same has not been

complied with and, thus, the application against the opposite party

no. 2 stood dismissed.

Patna High Court Cr.Misc. No.44438 of 2015 dt.28-11-2018
2/2

4. The petitioner has moved the Court for quashing of

the F.I.R. of Bishambharpur P.S. Case No. 44 of 2015 instituted

under Sections 341/323/420/406/498A/120B/386 of the Indian

Penal Code and 3/4 of the Dowry Prohibition Act and the opposite

party no. 2 was the informant, being the wife.

5. In view of the application having been dismissed

against the opposite party no. 2, the Court finds that the

application, in her absence, is incompetent to proceed.

6. In view thereof, the application stands dismissed.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR
U
T

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