Petitioners sought quashing of an order taking cognizance of criminal offences. Filing was remitted, but the petition was dismissed for default as no party appeared. The Court found no infirmity in the impugned order and dismissed the petition.
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Patna High Court Cr.Misc. No.13405 of 2013 (4) dt.02-07-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.13405 of 2013
Arising Out of PS.Case No. -710 Year- 2012 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== 1. Sunaina @ Sunaina Devi W/O Amit Kumar, resident of VillageDaniawan, P.S.- Daniawan, District- Patna 2. Amit Kumar S/O Late Nawal Kishore Prasad Resident Of VillageDaniawan, P.S.- Daniawan, District- Patna .... .... Petitioner/s Versus 1. The State Of Bihar 2. Smt. Poonam Sinha W/O Sanjay Kumar Sinha, resident of VillageTeena, P.S.- Chandi, District- Nalanda, At Present Bahadurpur Housing Colony, Plot No. 4M/168, P.S.- Agamkuan, District- Patna .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : None For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 4 02-07-2015 None appears on behalf of the petitioners despite repeated calls. The matter was earlier dismissed for nonprosecution once before by order dated 24.09.2014, but was restored. 2. The present petition has been filed for quashing the order dated 18.01.2013 passed by Sri Jitesh Kumar, learned Judicial Magistrate, Patna City in connection with Complaint Case No. 710 of 2012 by which the learned Judicial Magistrate has taken cognizance of offences under Sections 323, 379, 448 and 504 of the Indian Penal Code.
Patna High Court Cr.Misc. No.13405 of 2013 (4) dt.02-07-2015
dated 18.01.2013 discloses that a prima facie case has been made out against the petitioners having regard to the accusations in the complaint and the materials available on record.
(Vikash Jain, J)
Md. Ibrarul/-
U T
1 issue framed by the court
Whether the order of cognizance of offences under Sections 323, 379, 448 and 504 IPC admits of infirmity enabling quashing under Article 226 of the Constitution?
Sunaina @ Sunaina Devi W/O Amit Kumar
Amit Kumar S/O Late Nawal Kishore Prasad
The State Of Bihar
Smt. Poonam Sinha W/O Sanjay Kumar Sinha
Vikash Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
