Petitioners sought to quash a complaint against them alleging false criminal proceedings. They submitted medical and police documents suggesting the complainant was pregnant before marriage and not interested in the union. The High Court held that factual disputes require the trial court.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.21817 of 2014
Arising Out of PS.Case No. -659 Year- 2012 Thana -PATNA COMPLAINT CASE District-
PATNA
======================================================
.... .... Petitioner/s
Versus
Mr. Shruti Sinha, Advocate
For the Opposite Party/s : Mr. Rajendra Pd. Nat, App
====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER
Counsel for the petitioners submits that from perusal of the medical documents and ultrasound report which he has brought on record as Annexure 3, it is evident that the complainant was pregnant from before solemnization of the marriage. He has also relied upon a petition dated 29.05.2012 which is a document whereby she has sought protection from the Officer-in-Charge, Agamkuan P.S. showing apprehension against the petitioners and disclosed her relation with her brother-in-law. He has also relied upon certain other documents showing that in fact the complainant was not interested in the matrimonial relationship. On the basis of
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the aforesaid documents, he submits that the complaint case against the husband and his family members is false and fabricated. He further submits that the order taking cognizance is bad and fit to be set aside.
Such documentary evidence on the basis of which the petitioners factually denies and disputes the allegations made in the complaint petition cannot be looked into at this stage by exercising jurisdiction under Section 482 Cr.P.C. The same can
only be looked into by the Court below at the appropriate stage.
In view of the aforesaid circumstances, the application is dismissed.
However, the petitioner will be at liberty to raise all the issues at the appropriate stage of trial.
(Madhuresh Prasad, J)
Prakash/-
U T
1 issue framed by the court
Whether documentary evidence disputing allegations in a complaint case can be considered at the stage of an application to quash proceedings under Section 482 Cr.P.C.
1 provisions across 1 enactments
Ashutosh Kumar and others
State of Bihar
Mamta Kumari
Madhuresh Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
