Partly allowed¶23

Rajendra Singh v. The State of Bihar

Patna HC23 Jul 2024CR. MISC./21151/2023

Case brief

AI extract

What is this about?

Quashing of prosecution — general and omnibus allegations against husband's relatives (Bhaisur/brother-in-law and Gotni/sister-in-law of complainant) in FIR being PS Case No. 46 of 2020, Mahila P.S., District Saran; Supreme Court precedents on malafide implication of husband's relatives applied: Preeti Gupta (2010) 7 SCC 667, Kahkashan Kausar (2022) 6 SCC 599, Achin Gupta (2024 INSC 369); prosecution of petitioner Nos. 2 and 3 quashed, petitioner No.1 to stand trial with liberty to raise all grounds at framing of charge; Patna High Court Cr. Misc. No. 21151 of 2023, decided 23-07-2024.

What did the court decide?

Prosecution of petitioner Nos. 2 and 3 quashed; petition dismissed as against petitioner No.1, whose prosecution continues, with liberty to raise all grounds at the time of framing of charge. ¶23

Rajendra Singh Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Prosecution of petitioner Nos. 2 and 3 quashed; petition dismissed as against petitioner No.1, whose prosecution continues, with liberty to raise all grounds at the time of framing of charge.

¶23

Issue for consideration

Whether leave should be granted to withdraw the application as against petitioner No.1 with liberty to raise all grounds at the stage of framing of charge. +1 more

¶14

Court's answer

Permission to withdraw the application as against petitioner No.1 is granted; the petition is dismissed as against petitioner No.1 with liberty to raise all grounds at the time of framing of charge.

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Ratio / Principle

Since there is no specific allegation against petitioner Nos. 2 and 3, and in view of the law laid down by the Supreme Court, the application is allowed qua them.

¶22

Key takeaways

The prosecution of petitioner Nos. 2 and 3 is quashed; the prosecution of petitioner No.1 shall continue.ratio¶23

Detailed headnote1 paragraphs

Patna High Court, Criminal Miscellaneous No. 21151 of 2023 (Sandeep Kumar, J.), oral order dated 23-07-2024, in a quashing petition arising out of PS Case No. 46 of 2020, Mahila P.S., District Saran. Petitioner No.1 (Rajendra Singh) was permitted to withdraw the application with liberty to raise all grounds at the stage of framing of charge, and the petition stood dismissed qua him, his prosecution continuing. Petitioner Nos. 2 and 3 — Devendra Singh @ Devendra Kumar Singh (brother-in-law/Bhaisur) and Radha Devi (sister-in-law/Gotni) of opposite party No.2 — were alleged against only generally and omnibus in the F.I.R.; finding no specific allegation against them and acting on the law laid down by the Supreme Court in Preeti Gupta v. State of Jharkhand (2010) 7 SCC 667, Kahkashan Kausar v. State of Bihar (2022) 6 SCC 599 and Achin Gupta v. State of Haryana 2024 INSC 369 (relatives of the husband not to be made accused malafidely), the Court allowed the application qua petitioner Nos. 2 and 3 and quashed their prosecution.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.21151 of 2023

¶2

Arising Out of PS. Case No.-46 Year-2020 Thana- MAHILA P.S. District- Saran

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

¶4

RAJENDRA SINGH, Son of Late Ram Vilash Singh R/v- Sikandarpur, P.S.Ratanpura, District- Siwan

¶5

DEVENDRA SINGH @ DEVENDRA KUMAR SINGH, Son of Rajendra Singh R/v- Sikandarpur, P.S.- Ratanpura, District- Siwan, Presently residing at House No. 1591, Meetha Kuan, Arthala Mohan Nagar, Ghaziabad201001 (Uttar Pradesh)

¶6

RADHA DEVI, Wife of Devendra Singh @ Devendra Kumar Singh R/vSikandarpur, P.S.- Ratanpura, District- Siwan, Presently residing at House No. 1591, Meetha Kuan, Arthala Mohan Nagar, Ghaziabad- 201001 (Uttar Pradesh)

¶7

... ... Petitioner/s

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Versus

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The State of Bihar

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MIRA DEVI, Wife of Chandan Singh R/v- Sikandrapur, P.S.- Maharajganj, District- Siwan, at present D/o Late Subedar Singh, R/v- Nawada, P.S.Ishuapur, District- Saran

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... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Sanjay Kumar Singh, Advocate For the Opposite Party/s : Mr. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

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6 23-07-2024 The learned counsel for the petitioner at the very beginning seeks permission to withdraw the application as against petitioner No.1 with liberty to raise all the grounds at the stage of framing of charge.

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Permission is granted.

¶16

Accordingly, this petition is dismissed as against petitioner No.1 with liberty to him to raise all the grounds at the time of framing of charge.

¶17

So far as petitioner Nos.2 and 3 are concerned, they are the brother-in-law (Bhaisur) and Sister-in-law (Gotni) of the Opposite Party No.2.

¶18

Patna High Court CR. MISC. No.21151 of 2023(6) dt.23-07-2024 2/2

¶19

The learned counsel for Opposite Party No.2 has opposed the quashing application.

¶20

From the reading of the F.I.R. it appears that there is general and omnibus allegation levelled against the petitioner Nos. 2 and 3.

¶21

The Supreme Court in the cases of Preeti Gupta V. State of Jharkhand [(2010) 7 SCC 667, Kahkashan Kausar Vs. State of Bihar [(2022) 6 SCC 599 and Achin Gupta Vs. State of Haryana [2024 INSC 369 held that the relatives of the husband should not be made accused malafidely.

¶22

In view of the fact that there is no specific allegation against the petitioner Nos. 2 and 3 and in view of the law laid down by the Hon’ble Supreme Court, this application is allowed.

¶23

The prosecution of petitioner No.2 and 3 is quashed. The prosecution of petitioner No.1 shall continue.

¶24

sanjeev/- U

Rajendra Singh v. The State of Bihar

Case brief

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Rajendra Singh v. The State of Bihar

Case brief

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