Petitioner sought quashing of an order of cognizance in a criminal case. The bench held that proceeding with trial after framing charges and examining witnesses made quashing inappropriate, thus dismissing the petition.
Petition dismissed on the ground that trial is in progress.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19015 of 2010
====================================================== Gauri Shankar Chaurasia, son of Doman Chaurasia @ Yadunandan Chaurasia, resident of mohalla - New Godam Zeelganj, P.S. Kotwali, Distt. – Gaya. .... .... Petitioner/s Versus 1. The State Of Bihar 2. Smt. Rasmi Devi, w/o Gauri Shankar Chaurasi, daughter of Shyamdev Prasad, resident of mohalla - New Godam Zeelganj, P.S. – Kotwali, Distt. – Gaya at present reside at village TUggi, P.S. – Hisua, District Nawada .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dhaanjay Kumar Gupta Mr. Rananjay Kumar Mr. Dhananjay Kumar Gupta For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 4 25-09-2012 Heard learned counsel for the petitioner, Sri Shyam Kumar Singh, learned Additional Public Prosecutor as well as Sri Arvind Kumar Singh, learned counsel who has appeared on behalf of informant / opposite party no. 2.
The sole petitioner, who is husband of informant / opposite party no. 2 has approached this court with a prayer to quash an order dated 6.3.2010 passed by learned Chief Judicial Magistrate , Gaya, in Kotwali P.S. Case No.223 of 2009. By the said order learned Magistrate has taken cognizance of offence under Sections 307, 323 & 498A of the Indian Penal Code and Sections 3 & 4 of the Dowry Prohibition Act.
At the very outset, learned counsel for the informant
Patna High Court Cr.Misc. No.19015 of 2010 (4) dt.25-09-2012
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submitted that in this case after commitment charges have been framed and five witnesses have already been examined.
In view of the fact that trial is going on , the court is of the opinion that no order can be passed in the present petition since in the present petition prayer was made for quashing of order of cognizance. The petition stands dismissed.
(Rakesh Kumar, J)
Praful/-
2 issues framed by the court
Whether an order for quashing of cognizance can be passed when trial is already proceeding with charges framed and witnesses examined.
Whether a High Court can quash an order of cognizance when the trial is already in progress.
Gauri Shankar Chaurasia
The State Of Bihar
Smt. Rasmi Devi
Rakesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
