The Patna High Court rejected an application under Section 482 CrPC to quash proceedings where the Sessions Judge dismissed the petitioner's revision. Finding no illegality or abuse of process, the petition was dismissed.
The petitioner was denied the quashing of the litigation history and permitted to raise points in the trial court.
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.
Patna High Court Cr.Misc. No.17030 of 2010 (5) dt.03-12-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17030 of 2010
====================================================== Sitara Begam daughter of Md. Shamim @ Shumbha, resident of VillageTarauni, P.S.-Dhamdaha, District-Purnea. .... .... Petitioner Versus 1. The State Of Bihar. 2. Md. Mansoor son of Md. Israfil, resident of Tarauni, P.S.Dhamdaha, District-Purnea. .... .... Opposite Parties ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 5 03-12-2012 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
This application under Section 482 of the Code of Criminal Procedure is to quash the order dated 25.01.2010 passed in Criminal Revision No. 282 of 2009 by the Court of Sessions Judge, Purnea, whereby the learned Sessions Judge dismissed the aforesaid criminal revision preferred by the accused-petitioner against the order dated 20.10.2009 passed in Complaint Case No. 2229 of 2009 by the Judicial Magistrate, 1st Class, Purnea, summoning the accused-petitioner, on enquiry, finding prima facie case under Sections 147, 323, 341 and 380 of the Indian Penal Code.
On perusal of the impugned order, I find no any illegality amounting to abuse of the process of the Court. Accordingly, this application is dismissed. However, the petitioner
Patna High Court Cr.Misc. No.17030 of 2010 (5) dt.03-12-2012
would be at liberty to raise all points, raised herein, at appropriate
stage in trial court.
(Rajendra Kumar Mishra, J)
Safik/-
1 issue framed by the court
Whether the impugned orders in Cr. Misc. No. 282 of 2009 and Complaint Case No. 2229 of 2009 should be quashed.
1 provisions across 1 enactments
Sitara Begam daughter of Md. Shamim @ Shumbha
The State Of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
