Bachcha Sharma and Anr. v. State Of Bihar and Anr.
Case brief
What is this about?
The Patna High Court allowed a petition to quash the cognizance order against two petitioners in a dowry harassment case. The court found the allegations against them were sweeping and general, distinguishing them from the husband against whom specific allegations existed.
What did the court decide?
The cognizance order dated 22.4.2013 in Complaint Case No. 233 (C) of 2013 against the petitioners was set aside.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.11707 of 2015
Arising Out of PS.Case No. -233 Year- 2013 Thana -PATNA COMPLAINT CASE DistrictPATNA
======================================================
- Bachcha Sharma son of Late Bhuneshwari Sharma
- Usha Devi w/o Bacha Sharma Both are resident of house no 30 Nehru Nagar, P.S. - Patliputra, District - Patna.
.... .... Petitioners
Versus
- The State of Bihar.
- Sindhu Devi wife of Ashutosh Kumar daughter of Sri Makeshwar Sharma resident of Gola Road, near Rtd I.P.S. Safi Alam P.S. Danapur District - Patna.
.... .... Opposite Party ====================================================== Appearance : For the Petitioners : Mr. Jitendra Kuimar Roy Mr. Hitesh Suman Ms. Usha Kumari Singh For the State : Mr. Ajay Kumar – I, APP For the Opposite party No. 2: Mr. N.A.Shamsi Mr. Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER
Issues for consideration
3 issues framed by the court
Whether the cognizance order against the petitioners in a dowry harassment case should be quashed due to lack of specific allegations against them compared to the husband.
Whether sweeping and general allegations implicating non-resident parents-in-law justify dismissing the quashing petition.
Whether the cognizance order against specific petitioners can be set aside while allowing proceedings against the accused husband to continue.
Parties & counsel
- petitioner
Bachcha Sharma
- petitioner
Usha Devi
- respondent
The State of Bihar
- respondent
Sindhu Devi
Coram
Case details
As recorded by the court registry
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