The High Court at Patna dismissed an application under Section 482 CrPC seeking quashing of an FIR registered under Section 304-B IPC. The court held that the FIR allegations attract cognizable offences, making investigation the police's statutory duty.
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.25678 of 2017
Arising Out of PS.Case No. -86 Year- 2016 Thana -FATUHA District- PATNA
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.... .... Petitioner/s
Versus
.... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Satish Kumar, Advocate. For the Opposite Party/s : Mr. Manoj Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER
2 06-07-2018 Heard learned counsel for the petitioners and learned counsel for the State.
This application under Section 482 of the Code of Criminal Procedure has been filed by the petitioners for quashing the F.I.R of Fatuha P.S .Case No. 86 of 2016 registered under Section 304-B read with 34 of the Indian Penal Code.
I have heard learned counsel for the petitioners and perused the F.I.R, as contained in Annexure-1 to the present application.
In the F.I.R, the informant has specifically alleged that his daughter, who was married in 2013 to the petitioner no. 2
Patna High Court Cr.Misc. No.25678 of 2017 (2) dt.06-07-2018
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Chandan Yadav, has been killed by the petitioners in her matrimonial home for non-fulfillment of demand of dowry on 01.03.2016.
The allegations made in the F.I.R do attract ingredients of a cognizable offence. To hold investigation into a cognizable offence is the statutory duty of the police.
In that view of the matter, I see no merit in this application. The application is dismissed.
(Ashwani Kumar Singh, J)
Pradeep/Sneha
U T
1 issue framed by the court
Whether the allegations in the FIR attract ingredients of a cognizable offence under Section 304-B read with Section 34 of the IPC.
2 provisions across 2 enactments
Kiran Devi
Chandan Yadav
Suraj Yadav
Kailu Yadav
State of Bihar
Chandrika Yadav
Aswani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
