Petitioner sought to quash summons in dowry and bigamy case under Section 482 CrPC. Court found no illegality in Magistrate impugned order based on FIR and police report. Application deemed devoid of merit.
Application under Section 482 CrPC for quashing summons order was dismissed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42426 of 2013
Arising Out of PS.Case No. -82 Year- 2010 Thana -DUMRA District- SITAMARHI
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Surendra Paswan Son Of Yogendra Paswan R/O Village-Chakka Rasalpur, P.S.Dumro, Distt-Sitamarhi
.... .... Petitioner
Versus
.... .... Opposite Parties.
=========================================================== Appearance : For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
=========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 08-04-2017
This application under Section 482 of the Code of Criminal Procedure (for short ‘Cr.P.C.’) has been filed for quashing the order dated 31.07.2013 passed by the learned Sub Divisional Judicial Magistrate, Sitamarhi in connection with Dumra P.S. Case No. 82 of 2010 registered under Sections 498-A, 494, 323, 504/34 of the Indian Penal Code (for short ‘IPC’) whereby cognizance has been taken against the petitioner for the offences punishable under Sections 498-A, 494, 323, 504 of the IPC.
Patna High Court Cr.Misc. No.42426 of 2013 dt.08-04-2017
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subjected his wife to cruelty for non-fulfilment of demand of dowry and even without obtaining any decree of divorce, he married another lady.
(Ashwani Kumar Singh, J.)
Kanchan/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| UploadingDate | 10.04.2017 |
| Transmission Date |
10.04.2017 |
2 issues framed by the court
Whether there is illegality in the order summoning the petitioner to face trial for dowry harassment and bigamy.
Whether the FIR allegations disclose a prima facie case warranting trial.
7 provisions across 2 enactments
Surendra Paswan
The State of Bihar
Rina Devi
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
