Petitioner wife challenged dismissal of criminal application seeking quashing of Magistrate/Sessions Judge order who took cognizance only against her husband. Court found no specific accusation against other accused and dismissed the application.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51553 of 2013
Arising Out of PS.Case No. -25 Year- 2013 Thana -ROHTAS COMPLAINT CASE DistrictSASARAM (ROHTAS) ====================================================== Archana Gupta W/O Sri Arun Kumar Gupta D/O Sri Shaligram Sah R/O Village- Ekbari, P.S.- Sahar, Dist.- Bhojpur, A/P Mohalla Dhantolia, Ward No.-26, New G.T. Road, P.S.- Dehari, Dist.- Rohtas (Sasaram) .... .... Petitioner/s Versus 1. The State Of Bihar 2. Arun Kumar Gupta S/O Late Nirmal Kumar Sah 3. Sharda Kuer W/O Late Nirmal Kumar Sah 4. Barun Kumar Sah S/O Late Nirmal Kumar Sah 5. Payal Devi @ Rani D/O Late Nirmal Kumar Sah 6. Madhubala Devi W/O Sri Barun Kumar Sah 7. Pradip Kumar @ Mantu Sah S/O Late Lakshmi Sah
Patna High Court Cr.Misc. No.51553 of 2013 (2) dt.10-11-2014
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accused in the complaint no cognizance was taken against them but only her husband (opposite party no. 2) has been summoned to face the charges. The order of the learned Magistrate referredto-above was upheld by the learned Sessions Judge which order also is under challenge.
Perused the complaint petition.
From the averments made in the complaint, it would appear that no specific accusation has been levelled against the opposite party nos. 3 to 8. No fault could be found with the order taking cognizance against the husband of the petitioner i.e. opposite party no. 2.
The application has no merit and the same is dismissed.
(Ashutosh Kumar, J)
Jagdish/-
U T
1 issue framed by the court
Whether the order taking cognizance only against the husband and not other accused needs to be quashed.
Archana Gupta W/O Sri Arun Kumar Gupta
The State Of Bihar
Arun Kumar Gupta
Sharda Kuer W/O Late Nirmal Kumar Sah
Barun Kumar Sah S/O Late Nirmal Kumar Sah
Payal Devi @ Rani D/O Late Nirmal Kumar Sah
Ashutosh Kumar
As recorded by the court registry
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