This criminal miscellaneous application filed under Section 482 Cr.P.C. sought to quash a lower court order that had rejected a petition seeking the release of a pregnant victim. The High Court found no illegality in the impugned order.
The application under Section 482 Cr.P.C. was 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.51313 of 2014
Arising Out of PS.Case No. -595 Year- 2013 Thana -BAGHA DistrictWESTCHAMPARAN(BETTIAH)
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.... .... Petitioner/s
Versus
.... .... Opposite Party/s
=========================================================== Appearance : For the Petitioner/s : Mr. Binod Kumar Yadav, Advocate For the Opposite Party/s : Mr. Abhay Kumar, APP
=========================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL JUDGMENT Date: 11-12-2017
This application under Section 482 Cr. P. C. has been filed for quashing the order dated 02.06.2014 passed by the ACJM, Bagaha, in Bagaha (Bhairoganj) PS Case No.595 of 2013 by which the learned Magistrate has set the victim free on her liberty to choose her domicile status as per her will.
By the impugned order the Court below has rejected the petition filed by the petitioner for release of the victim in his favour.
The Court below has mentioned in the impugned order that the victim was carrying pregnancy of about six weeks and, therefore, the Court below seeing the safety of the coming baby set her (victim) free on her liberty to choose her domicile status as per her will.
Patna High Court Cr.Misc. No.51313 of 2014 dt.11-12-2017
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This Court does not find any illegality in the impugned
order passed by the learned Court below.
Accordingly, this application is dismissed.
(Sanjay Priya, J)
J.Alam/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | N/A |
| UploadingDate | 13-12-2017 |
| Transmission Date |
13-12-2017 |
1 issue framed by the court
Whether the impugned order rejecting the appeal for release of the victim requires quashing and set aside.
1 provisions across 1 enactments
Shambhu Yadav
The State of Bihar
Sanjay Priya
J. Alam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
