The High Court dismissed an application to quash a cognizance order in an offence under sections 498A and 323 IPC. The court held that the defence alleged in the affidavit did not warrant quashing, noting the petitioner's failure to pay fixed maintenance.
The application for quashing the order of cognizance 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.29719 of 2023
Arising Out of PS. Case No.-1052 Year-2021 Thana- SITAMARHI COMPLAINT CASE District- Sitamarhi
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LALAN KUMAR SON OF DINESH SAH R/O VILLAGE- KACHOR, P.S.KANHAULI, DISTRICT- SITAMARHI
... ... Petitioner/s
Versus
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : None For the Opposite Party/s : Mr.Kumar Veerendra Narayan
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CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER
None appears for the petitioner. However, learned counsel for the opposite party No. 2 is present.
No. 2.
Patna High Court CR. MISC. No.29719 of 2023(2) dt.12-08-2024 2/2
Uday Kumar submits that the bail bond of the petitioner has been cancelled because the petitioner has failed to pay the maintenance amount.
The cognizance order cannot be quashed considering the defence of the petitioner on the affidavit.
dismissed.
(Sandeep Kumar, J)
Saif/-
U T
1 issue framed by the court
Whether the order of cognizance under sections 498A and 323 IPC can be quashed given the petitioner's failure to pay maintenance.
1 provisions across 1 enactments
Lalan Kumar
The State of Bihar
Anjali Kumari
Sandeep Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
