This is a quashing application in a torture case under Section 498A IPC where mediation failed. The court disposed of the application with liberty to the petitioners to raise contentions at the appropriate stage.
Application disposed with liberty to raise contentions at an appropriate stage.
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 JUDIC Criminal Miscellaneous No.32 ================================== |
ATURE AT PATNA 76 of 2013 ==================== |
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|---|---|---|
1. Arun Mahto. 2. Tarkeshwar Mahto. 3. Sarbatiya Devi. Versus 1. The State Of Bihar. 2. July Devi. |
.... .... Petitioners. .... .... Opposite Parties. |
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| ================================== CORAM: HONOURABLE MR. JUSTICE D SINGH ORAL ORDER |
=================== INESH KUMAR |
|
| 4 | 02-01-2014Heard learned counsels |
for the petitioners |
and the State. |
||
The present application |
has been filed for |
|
quashing the order dated 20.12 |
.2011 passed by the |
|
learned S.D.J.M., Patna City, |
Patna, in Complaint |
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Case No. 585 of 2011 whereby |
the processes were |
|
directed to be issued for the |
offences punishable |
|
under Section 498A of the Indian |
Penal Code. |
|
The accusation is of tor |
ture. |
|
The matter was transmit |
ted to the Mediation |
|
Centre but it appears that media |
tion has failed. |
|
In the circumstances, |
the application is |
|
disposed off with liberty to |
the petitioners to |
|
raise all the contentions at the |
appropriate stage. |
(Dinesh Kumar Singh, J)
U.K./-
1 issue framed by the court
Whether the quashing application in a 498A complaint where mediation failed can be disposed of with liberty to raise contentions.
Arun Mahto
Tarkeshwar Mahto
Sarbatiya Devi
The State Of Bihar
July Devi
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
