Allowed

Purushottam Kumar and Anr. v. State of Bihar and Anr.

Patna HC1 Feb 2016CR. MISC./31414/2010

Case brief

AI extract

What is this about?

This petition sought quashing of an order of cognizance. The court accepted the petitioner's submission that the case was trumped-up by the complainant's mother against the petitioners' step-son, and set aside the proceedings regarding the petitioners.

What did the court decide?

The order of cognizance dated 20.08.2009 in Complaint Case No. 813 of 2008 is set aside so far as the petitioners are concerned.

Purushottam Kumar and Anr. Vs State of Bihar and Anr. — Quashing and FIR | Patna HC (2016)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA

¶2

Criminal Miscellaneous No. 31414 of 2010

¶3

Arising out of P.S. Case No. -813 Year- 2008 Thana – Complaint Case District- KATIHAR ======================================================== Purushottam Kumar, Son of Shri Mahendra Narayan Baranwal. Sarvottam Kumar, Son of Shri Mahendra Narayan Baranwal, Both are resident of Village-Hafalganj, P.S.-Katihar (Muffasil), District-Katihar. .... .... Petitioner/s Versus

¶4

========================================================

¶5

Purushottam Kumar, Son of Shri Mahendra Narayan Baranwal.

¶6

Sarvottam Kumar, Son of Shri Mahendra Narayan Baranwal, Both are resident of Village-Hafalganj, P.S.-Katihar (Muffasil), District-Katihar.

¶7

The State of Bihar.

¶8

Savita Kumari, @ Shobha Wife of Rajesh Kumar, Resident of Village-Hafalganj, P.S.-Katihar (Muffasil), District-Katihar. .... .... Opposite Party/s

¶9

======================================================== Appearance :

¶10

For the Petitioner/s : Mr. Ajit Kumar Singh, Adv. For the Opposite Party/s: Mr. APP.

¶11

======================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT

¶12

Date: 01-02-2016

¶13

The Petitioners seek quashing of the order of cognizance dated 20.08.2009 passed by the Sub-divisional Judicial Magistrate, Katihar in Complaint Case No. 813 of 2008.

¶14

The case of the Complainant is that she was married to the son of Accused No. 2 whereafter she started living in her matrimonial home. By virtue of relation-ship certain amount of money was advanced to the accused persons in setting up business but the same was defalcated and when protest was made she was assaulted. It was for this reason that the present Complaint was filed against the accused persons who were family members on 10.04.2008.

¶15

Patna High Court Cr.Misc. No.31414 of 2010 dt.01-02-2016

¶16

¶17

It has been submitted that fact is on 27.03.2008,

¶18

Parwati Devi, mother of the present Petitioners instituted a case under Sections 380 and 120B IPC against her step-son Rajesh Kumar who happened to be the husband of the Complainant for having committed theft and cheating her. It is subsequently that the present Complaint was filed with trumped up charges.

¶19

Having gone through the contents of both the Complaint Petition, I would be inclined to accept the said submission. Hence, the proceeding including the order of cognizance dated 20.08.2009 passed by the Sub-divisional Judicial Magistrate, Katihar in Complaint Case No. 813 of 2008 is, hereby, set aside so far as the Petitioners are concerned.

¶20

The Application stands allowed.

¶21

(Anjana Prakash, J.)

¶22

Vikash/-

¶23

U T

Purushottam Kumar and Anr. v. State of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

Purushottam Kumar and Anr. v. State of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Md. Idris Vs The State Of Bihar

Shanti Devi Vs The State Of Bihar

Sonu Choubey Vs State Of Bihar and Anr.

Basudeo Mandal and Ors. Vs State of Bihar

Ram Naresh Prasad @ Ram Naresh Yadav Vs State Of Bihar and Anr.

Md.Parvej Khan and Ors. Vs State of Bihar and Anr.