IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20758 of 2015
Arising Out of PS. Case No.-319 Year-2014 Thana- SUGAULI District- East Champaran
Sanjay Kumar Jha son of Baldeo Jha, resident of Village- Bagehi, P.S.-
Sugauli, District- East Champaran.
… … Petitioner/s
Versus
1. The State of Bihar.
2. Prem Sheela Devi Wife of Sanjay Kumar Jha, resident of Village- Bagehi,
P.S.- Sugauli, District- East Champaran.
… … Opposite Party/s
Appearance :
For the Petitioner/s : Mr. Baidya Nath Thakur
For the Opposite Party/s : Mr. Yogendra Kumar APP
CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA
ORAL JUDGMENT
Date : 12-02-2018
In the instant case notice was issued to the opposite party
no.2 which has been validly served. None appeared on behalf of
the opposite party no.2-informant.
The instant application under Section 482 of the Code of
Criminal Procedure has been filed for quashing the F.I.R.
bearing Sugauli P.S. case no. 319 of 2014 dated 3.9.2014
corresponding to G.R. No. 4348 of 2014 lodged under Sections
406,420, 498A, 504 and 506 of the Indian Penal Code.
Learned counsel for the petitioner has submitted that the
instant case filed by the petitioner is total abuse of the process of
law. The informant wants issuance of direction to the Station
Head Officer of Sugauli Police Station for ensuring arrest of
the petitioner on account of non payment of ad-interim
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maintenance of Rs. 3000/- (Three thousand) per month to her,
granted vide order dated 21.10.2011, passed by the Principal
Judge, Family Court, Motihari, East Champaran in Maintenance
Case no. 27 of 2011 under Section 125 of the Code of Criminal
Procedure.
Learned counsel for the petitioner has submitted that for
the offence under Section 498A and other allied Sections the
informant has already filed Sugauli P.S. case no. 222 of 2013
which is already pending (Annexure-2)
From the allegation made in the written report of the
instant case ( Sugauli P.S. case no. 319 of 2014) it appears that
main grievance of the informant is that the order passed by the
Family Court for maintenance in Maintenance Case no. 27 of
2011 is not being complied. Therefore, prayer has been made to
direct the S. H.O. to ensure arrest of the petitioner after
executing the warrant of arrests against him. The police has
registered the instant F.I.R. vide Sugauli P.S. case no. 319 of
2014 on the basis of the aforesaid written report of the
informant.
From perusal of the written report, this Court finds that no
case is made out for the offence under Sections 406, 420,
498A, 504 and 506 of the Indian Penal Code against the
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petitioner on the basis of allegation made in the written report.
This Court is unable to understand how a police has
lodged the F.I.R. against the petitioner. Therefore, the aforesaid
F.I.R. lodged by the police on the basis of written report of the
informant is hereby quashed.
The Cr. Misc. application is, accordingly, allowed.
(Sanjay Priya, J)
shyambihari/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 22 .02.2018
Transmission Date 22 .02.2018