The High Court at Patna dismissed an application seeking quashing of a Sub-Divisional Judicial Magistrate's order of cognizance in a trial concerning matrimonial offences under Sections 498A and 34 of the Indian Penal Code.
The application for quashing of the Sub-Divisional Judicial Magistrate's order 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.57636 of 2018
Arising Out of PS. Case No.-20 Year-2015 Thana- MAHILA PS District- Gopalganj
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Vashishta Mishra @ Bashishtha Mishra Son of Late Ramji Mishra, Resident of Niyamak Guriao Tola, P.S.- Kateya, District- Gopalganj.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Bipin Bihari Singh, Advocate For the Opposite Party/s : Mr.Sri Umeshnand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER
2. This application has been filed for quashing of order dated 04.11.2015 in Trial No. 1753 of 2018 passed by learned Sub-Divisional Judicial Magistrate by which learned Magistrate has taken cognizance for the offences under Sections 498A, 34 of the Indian Penal Code and Section ¾ of D.P. Act.
3. Prima facie , a strong case has been found against the petitioner for prosecution. In view of the law laid down by Hon’ble Supreme Court in case of State of Bihar Vs. Ramesh Singh reported in 1977 SCC (4) 39 , this application is dismissed.
(Sandeep Kumar, J)
Harsh/ U T
1 issue framed by the court
Whether the present application for quashing the Magistrate's order of cognizance should be allowed or dismissed.
Colour shows how this judgement treated each authority
State of Bihar Vs. Ramesh SinghExplained¶16
State of Bihar Vs. Ramesh Singh
2 provisions across 2 enactments
Vashishta Mishra @ Bashishtha Mishra
The State Of Bihar
Sandeep Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
