Dismissed

Md. Nezam and Ors. v. State Of Bihar and Anr.

Patna HC1 Jul 2014CR. MISC./18581/2013

Case brief

AI extract

What is this about?

In a criminal miscellaneous petition, the Patna High Court dismissed an application to quash an FIR under Sections 323 and 498A of the IPC. The court held that since investigation had begun, quashing at this stage would interfere with plenary police powers, though petitioners could seek relief if sent up for trial after investigation concludes.

What did the court decide?

Application for quashing of FIR dismissed; liberty to approach the Court if sent up for trial post-investigation.

Md. Nezam and Ors. Vs State Of Bihar and Anr. — Domestic Violence | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.18581 of 2013

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Arising Out of PS.Case No. -242 Year- 2012 Thana -AKBARPUR District- NAWADA

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====================================================== 1. Md. Nezam S/O Md. Gaffar Resident Of Mohalla- Mashauri Chowk, Azad Nagar, Police Station- Jamui, District- Jamui. 2. Hajra Khatoon W/O Md. Gaffar Resident Of Mohalla- Mashauri Chowk, Azad Nagar, Police Station- Jamui, District- Jamui. 3. Md. Gaffar @ Abdul Gaffar S/O Not Known Resident Of MohallaMashauri Chowk, Azad Nagar, Police Station- Jamui, District- Jamui. 4. Kalimuddin @ Putus S/O Gaffar Resident Of Mohalla- Mashauri Chowk, Azad Nagar, Police Station- Jamui, District- Jamui. 5. Sonu S/O Md. Gaffar Resident Of Mohalla- Mashauri Chowk, Azad Nagar, Police Station- Jamui, District- Jamui. 6. Chotu S/O Md. Gaffar Resident Of Mohalla- Mashauri Chowk, Azad Nagar, Police Station- Jamui, District- Jamui. 7. Doli Khatoon D/O Md. Gaffar Resident Of Mohalla- Mashauri Chowk, Azad Nagar, Police Station- Jamui, District- Jamui. 8. Rani Khatoon D/O Md. Gaffar Resident Of Mohalla- Mashauri Chowk, Azad Nagar, Police Station- Jamui, District- Jamui. .... .... Petitioner/s Versus 1. The State Of Bihar 2. Shabnam Khatoon D/O Md. Shahzad Resident Of Village- Farha, Police Station- Akbarpur, District- Nawada.

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.... .... Opposite Party/s ======================================================

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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER

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2 01-07-2014 Heard learned counsels for the petitioners and the State. The petitioners seek quashing of the first information report bearing Akbarpur P.S. Case No. 242 of 2014 which was instated under Section 323, 498(A) of the Indian Penal Code. The ground urged on behalf of the petitioners is that prior to the lodging of the first information report a complaint

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Patna High Court Cr.Misc. No.18581 of 2013 (2) dt.01-07-2014

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2/2

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case was lodged by the wife of petitioner no. 1 in which, compromise has been effected and the parties have started living peacefully as man and wife. Later, petitioner no. 1 gave divorce to his wife.

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The assertion of the learned counsel for the petitioners is that after the divorce, with a mala fide motive, the opposite party no. 2 has lodged the present FIR. This court does not wish to go into the merits of the case because the investigation has begun after the lodging of the FIR. Whether the case is true or not would depend upon the result of the investigation. Quashing the FIR at this stage would amount to interference with the plenary powers of the police to investigate the case once FIR is lodged. The application, therefore, is dismissed.

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However, if the investigation is concluded and the petitioners are sent up for trial, they will be at liberty to take recourse to the provision of law which they are entitled to.

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(Ashutosh Kumar, J)

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Jagdish/-

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Md. Nezam and Ors. v. State Of Bihar and Anr.

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Md. Nezam and Ors. v. State Of Bihar and Anr.

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