Dismissed

Chandra Bhushan Sharma v. The State Of Bihar Through The Chief Secretary. Govt. Of Bihar and Ors.

Patna HC1 Apr 2014CR. MISC./11279/2013

Case brief

AI extract

What is this about?

The petitioner, as an informant in cases of child abduction, challenged an order refusing a Medical Board examination. The High Court dismissed the Section 482 application, noting it functioned as a barred second revision and found no merit, as the victim had ended her marriage with an accused.

What did the court decide?

The Criminal Miscellaneous application filed under Section 482 Cr.P.C. for quashing the convicted proceedings was dismissed as it was in the nature of a barred second revision and lacked merit.

Chandra Bhushan Sharma Vs The State Of Bihar Through The… — Quashing and FIR | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.11279 of 2013

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====================================================== Chandra Bhushan Sharma S/O Late Shatrughan Sharma, Resident of Village- Hasanpura, P.S- Shakurabad, District- Jehanabad. .... .... Petitioner/s Versus 1. The State of Bihar through the Chief Secretary. Govt. of Bihar, Patna. 2. The Superintendent of Police, Bhojpur, Ara. 3. The Investigating Officer, (Udwantnagar, P.S- Case No. 251/12), P.SUdwantnagar, District- Bhojpur, Ara. .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 01-04-2014 The present application under section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 14^th February, 2013 passed by the 2^nd Additional Sessions Judge, Bhojpur, Ara in Cr. Rev. No.16 of 2013 arising out of Udwantnagar P.S.Case No.251 of 2012 which was registered under sections 366 and 366A of the Indian Penal Code whereby and where under the revisional court has affirmed the order dated 28.1.2013 passed by learned Chief Judicial Magistrate, Bhojpur, Ara.

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The petitioner is informant of Udwantnagar P.S. Case No.251 of 2012 instituted for the offences punishable under sections 366 and 366A of the Indian Penal Code in which he has alleged that his daughter had been abducted by the accused persons named in the FIR. In course of investigation, the daughter

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Patna High Court Cr.Misc. No.11279 of 2013 (2) dt.01-04-2014

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of the informant was recovered and produced in the court. She stated that she is aged about 19 years. Her age was assessed by the Magistrate as 18 years. She has also stated before the Magistrate that she out of her own sweet will had gone together with one Dadan Tiwari, a named accused in the FIR and married him. She was also examined by a doctor who assessed her age to be about 19 years. The petitioner being not satisfied with the medical report given by the doctor filed a petition before the Magistrate for examining his daughter by a Medical Board. The learned Magistrate taking into consideration the entire facts and circumstances of the case dismissed the petition filed on behalf of the petitioner. The petitioner challenged the said order before the revisional court. The revisional court affirmed the order passed by the Magistrate and dismissed the revision application filed by the petitioner.

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Apparently, the present application though filed under Section 482 Cr.P.C. is in the nature of second revision which is barred in law. Besides that, I find no merit in the present application. Accordingly, the application is dismissed.

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(Ashwani Kumar Singh, J)

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Md.S./-

Chandra Bhushan Sharma v. The State Of Bihar Through The Chief Secretary. Govt. Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Chandra Bhushan Sharma v. The State Of Bihar Through The Chief Secretary. Govt. Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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