A criminal miscellaneous application filed during the pendency of criminal proceedings under IPC 498A was dismissed. The Court held that as ingredients of the offence were made out, it could not interfere with the criminal prosecution.
The application was dismissed without interfering with the criminal prosecution.
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 26440 of 2014
Arising Out of PS.Case No. -535 Year- 2012 Thana -PATNA COMPLAINT CASE District-
PATNA
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.... .... Petitioner/s
Versus
.... .... Opposite Party/s
=========================================================== Appearance : For the Petitioner/s : Mr Sada Nand Rai, Advocate For the I n f o r m a n t : M/s Prabhakar Singh & Rakesh Mohan Singh, Advocates
=========================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD
ORAL JUDGMENT
Date: 12-07-2017
Heard learned counsel for the petitioners, informant and learned APP for the State.
2 Counsel for the petitioners submits that Opposite Party No 2, who has implicated them in the criminal proceedings under Section 498A and other sections of Indian Penal Code, was married from before with one Mr Manoj Das. He further submits that they have already taken steps for obtaining divorce with Opposite Party No 2. From the records of the instant case, it transpires that after notice
Patna High Court Cr.Misc. No.26440 of 2014 dt.12-07-2017
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upon Opposite Party No 2, the matter was referred to the Patna High Court, Mediation & Conciliation Centre and interim report of Mediation Centre shows that efforts of mediation failed due to nonappearance of petitioner No 1.
3 On the allegation levelled against the petitioners specifically in the complaint petition, it is quite apparent that ingredients of the offence, under which cognizance have been taken, are made out.
4 In view of such factual position, this Court cannot interfere with the criminal prosecution under Section 482 of Criminal Procedure Code. This application is dismissed.
(Madhuresh Prasad, J)
M.E.H. /-
| AFR/NAFR | NAFR |
|---|---|
| CAVDATE | NA |
| UploadingDate | 13-07-2017 |
| Transmission Date |
13-07-2017 |
2 issues framed by the court
Whether this Court can interfere with criminal prosecution against petitioners implicated under Section 498A IPC.
Whether the mediation efforts failed due to non-appearance of petitioner No 1.
2 provisions across 2 enactments
Rohit Kumar
Anita Pandey
Madhuresh Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
