Dismissed

Asif Zafar and Ors. v. State Of Bihar and Anr.

Patna HC8 May 2019CR. MISC./13573/2015

Case brief

AI extract

What is this about?

Petitioner challenged the Sub-Divisional Judicial Magistrate's order taking cognizance under Sections 498-A IPC and Section 4 Dowry Prohibition Act. High Court observed lack of record on case stage but dismissed petition allowing trial or mediation options.

What did the court decide?

Petition dismissed with observation that petitioner could seek mediation if trial not concluded.

Asif Zafar and Ors. Vs State Of Bihar and Anr. — Dowry and Cruelty | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13573 of 2015

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Arising Out of PS. Case No.-1183 Year-2013 Thana- SIWAN COMPLAINT CASE DistrictSiwan

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======================================================

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Asif Zafar, son of Alauddin Zafar

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Alauddin Zafar, son of Md. Anis

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Sarwari Zafar @ Sarwari, wife of Alauddin Zafar

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Sakib Zafar, son of Alauddin Zafar All residents of village - Ranipur, P.S. Barharia, District - Siwan

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... ... Petitioner/s

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Versus

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The State of Bihar

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Shahin Afroz, wife of Asif Zafar, daughter of Late Mohammad Ali Khan, resident of village - Sawareji, P.S.-Mirganj, District - Gopalganj At Present C/o Abdul Rahman Khan, resident of village-Madhopur, Post - Madhopur, P.S.-Barharia, District - Siwan

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... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : None For the Opposite Party/s : Mr. Gajendra Pd.Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER

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2 08-05-2019 Nobody appears on behalf of the petitioner.

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However, learned APP for the State is present.

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The petitioner has challenged the order of cognizance dated 12.07.2013 passed by the learned Sub-Divisional Judicial Magistrate, Siwan in Complaint Case No. 1183 of 2013 whereby cognizance has been taken under Sections 498(A) of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

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Patna High Court CR. MISC. No.13573 of 2015(2) dt.08-05-2019 2/2

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There is nothing on record to indicate the stage

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of the case. In all its probability, the case may have

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concluded.

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However, if the trial has not yet been concluded, the petitioner would have several options under the law which would include asking the competent Court to send the case for mediation, if so advised and desired.

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The petition is dismissed with the aforesaid

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observation.

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(Ashutosh Kumar, J)

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Shageer/-

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U T

Asif Zafar and Ors. v. State Of Bihar and Anr.

Case brief

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Asif Zafar and Ors. v. State Of Bihar and Anr.

Case brief

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