The Patna High Court dismissed an application challenging the summons issued against the petitioner in a Section 498A case. The Court found no illegality in the lower court's order and vacated a previously granted stay.
Application dismissed; earlier stay order vacated.
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 JUDICATURE AT PATNA Criminal Miscellaneous No.9775 of 2013
Arising Out of PS.Case No. -853 Year- 2009 Thana -PATNA COMPLAINT CASE District- -
====================================================== Bimal Soni, S/O Late Bhagwan Das Soni, R/O - G.R.P. Colony, Quarter No. 34 ( D ), Police Station - Kotwali, District - Gaya .... .... Petitioner/s Versus 1. The State of Bihar 2. Kanchan Kumari, W/O Bimal Soni, D/O Raj Kumar, R/O Mohalla - Sultanpur, Police Station - Danapur, District - Patna .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Syed Asgher Najmi For the Opposite Party no.1 : Mr. C.B.Prasad, APP For the Opposite Party no.2 : Mr.Birendra Narayan Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER
4 09-07-2015 Heard.
By the impugned order dated 16.09.2009 passed by the learned Judicial Magistrate-1st Class, Danapur in Complaint Case No.853(C) of 2009, cognizance has been taken for offence under Section 498A of the Indian Penal Code and the accused persons including the petitioner have been summoned to face the trial.
Indisputably, the petitioner happens to be the husband of the complainant. In the complaint petition, the specific allegations of torture and demand of dowry are there against the petitioner. During the course of enquiry under Section 202 Cr.P.C. five witnesses have been examined, who are said to be supported the prosecution version.
In that view of the matter, this Court does not find any illegality or irregularity in the impugned order, warranting any interference by this Court at this stage.
The present application seems to be completely
Patna High Court Cr.Misc. No.9775 of 2013 (4) dt.09-07-2015
2
misconceived and is, accordingly, dismissed
The order of stay passed on 03.01.2014 by a Bench of
this Court stands vacated.
(Birendra Prasad Verma, J)
Arvind/-
U T
1 issue framed by the court
Whether there was any illegality or irregularity in the impugned order warranting interference by the High Court.
Bimal Soni
The State of Bihar
Kanchan Kumari
Birendra Prasad Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
