The High Court, Patna, dismissed a petition under Section 482 Cr.P.C. challenging an order of the lower court taking cognizance of offences under Sections 498-A and 406 IPC. The court held that the accusations were sufficient to form a prima facie opinion.
Petition under Section 482 Cr.P.C. dismissed.
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.26396 of 2014
Arising Out of PS.Case No. -793 Year- 2012 Thana -KATIHAR COMPLAINT CASE District-
KATIHAR
====================================================== Iblur Hasan @ Md. Iblur Hassan S/o Kamrul Hasan resident of village + Post - Morsanda, P.S. - Falka, Dist - Katihar (Bihar).
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Kumar Mallick, Advocate For the Opposite Party/s : Mr. Ram Anurag Singh, APP
====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER
4 19-07-2017
The instant petition is filed challenging the order of cognizance dated 11.01.2013 whereby cognizance of the offence under sections 498-A and 406 of the Indian Penal Code has been taken. Allegation in the complaint is of torture and of force sale of certain lands said to be owned by the complainant.
In the instant proceedings also the complainant has filed a counter affidavit and supported the allegation of torturing her.
Since the allegations in the complaint petition are sufficient to come to a prima facie opinion that offences under the sections in which cognizance has been taken are made out the order taking cognizance cannot be faulted, the application under section 482 Cr.P.C. is misconceived and is accordingly dismissed.
(Madhuresh Prasad, J)
veena/U T
3 issues framed by the court
Whether the application under Section 482 Cr.P.C. challenging the order of cognizance is maintainable.
Whether the allegations in the complaint establish offences for which cognizance was taken.
Whether the instant application is misconceived.
2 provisions across 2 enactments
Iblur Hasan
The State of Bihar
Madhuresh Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
