On a petition to quash an FIR involving dowry harassment and bigamy, the High Court found no infirmity in the FIR. Consequently, the petition for quashing the charges was dismissed, noting a prima facie case existed.
The petition for quashing the First Information Report was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 16214 of 2010
================================================== Alok Singh @ Alok Kumar son of late Pratap Singh resident of village Purhara, P.S. Haspura, District Aurangabad. .... .... Petitioner. Versus 1. The State of Bihar 2. Nilam Devi wife of Alok Singh, resident of Vill. Shankar dih, P.S. Upahara, District Aurangabad. .... .... Opposite Parties.
================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER
6. 18-09-2012 Heard Sri Bhola Prasad, learned counsel, who was assisted by Sri Ashok Kumar No. 6, learned counsel for the petitioner and Sri Amrendra Prasad, learned Addl. Public Prosecutor.
The petitioner, who is husband of
informant/opposite party no. 2, has approached this Court, while invoking its inherent jurisdiction under Section 482 of the Code of Criminal Procedure for quashing of First Information Report in Haspura P.S. Case No. 104 of 2008 for the offences under Section 498 (A)/494 of the Indian Penal Code and Section 3 & 4 of the Dowry Prohibition Act.
In this case, a supplementary affidavit has also been filed on behalf of petitioner and it was submitted by learned counsel for the petitioner that the informant has
Patna High Court Cr.Misc. No.16214 of 2010 (6) dt.18-09-2012
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also solemnized second marriage on 20-02-2011.
Fact remains that F.I.R. discloses cognizable
offence and prima facie, there is no infirmity in the same.
I do not find any ground for granting relief to
the petitioner.
The petition stands dismissed.
(Rakesh Kumar, J.)
Anay
2 issues framed by the court
Whether there is any infirmity in the First Information Report to justify quashing under Section 482 CrPC.
Whether the cognizable nature of the offences warrants the discharge of the accused.
5 provisions across 3 enactments
Alok Singh @ Alok Kumar
The State of Bihar
Nilam Devi
Rakesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
