Petitioners in a dowry harassment case applied to quash their summons order. The court granted leave to withdraw the application so points could be argued at the framing of charge stage and disposed of the matter.
Leave granted to withdraw the application to argue points at the stage of framing of charge.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.14221 of 2015
Arising Out of PS.Case No. -388 Year- 2012 Thana -SAHARSA COMPLAINT CASE DistrictSAHARSA ====================================================== 1. Subhash Bhagat @ Subhash Gupta, Son of Late Jagdish Bhagat, resident of village- Haripur, P.S- Alauli, Dist.- Khagaria. 2. Nageshwar Bhagat @ Nageshwar Prasad, Son of Late Shital Prasad Bhagat 3. Raj Kumar Bhagat, Son of Nageshwar Prasad Bhagat 4. Meena Devi, Wife of Nageshwar Bhagat 5. Kanchan Bhagat D/o Nageshwar Bhagat 6. Sangeeta Bhagat W/o Raj Kumar Bhagat 2 to 6 are resident of Mohalla- Gangzala, Ward No. 17, P.S.- Saharsa, District- Saharsa. .... .... Petitioners Versus 1. The State of Bihar. 2. Bishwanath Prasad Gupta, Son of Shiv Prasad Bhagat, resident of villBirendra Bazar, Ward No. 5, P.S.- Rupani, District- Saptari (Nepal) 3. Soni Kumari, D/o Bishwanath Pd. Gupta, R/v-Birendra Bazar, Ward No. 5, P.S.-Rupani, Distt.-Saptari (Nepal) .... .... Opposite Parties ====================================================== Appearance : For the Petitioner/s : Mr. Pramod Mishra, Advocate For the Opposite Party/s : Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 7 05-04-2016 In the present application preferred under Section 482 of the Code of Criminal Procedure, the petitioners seek quashing of the order dated 02.01.2013 passed by the learned Sub-Divisional Judicial Magistrate, Saharsa in Complaint Case
Patna High Court Cr.Misc. No.14221 of 2015 (7) dt.05-04-2016
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No. 388C of 2012 whereby finding a prima facie case to be made out under Section 498-A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act, the petitioners have been summoned to face trial.
After some arguments, learned counsel for the petitioners seeks leave to withdraw the present application in order to raise all the points available to the petitioners at the stage of framing of charge.
Leave is granted.
The application is disposed of.
(Ashwani Kumar Singh, J.)
Sanjeet/-
U T
2 issues framed by the court
Whether leave should be granted to withdraw the quashing application to save points for the stage of framing of charge.
How to dispose of the criminal miscellaneous application seeking quashing of the summons order.
3 provisions across 3 enactments
Subhash Bhagat @ Subhash Gupta and others
The State of Bihar
Bishwanath Prasad Gupta
Soni Kumari
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
