Patna High Court - Orders
Dhiraj Kumar & Ors. vs The State Of Bihar & Anr. on 10 April, 2012
Author: Jyoti Saran
Bench: Jyoti Saran
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14298 of 2012
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1. Dhiraj Kumar S/O Ram Awatar Prasad Singh Present Resident At Flat
No.-003, Building No.123, Sector-4, Aquarius Co-Operative Society Ever
Shine City Vasai (East)Mumbai-401208
2. Ram Awatar Prasad Singh S/O Late Prasadi Singh Permanent Resident
Of Quarter No.-2023, Sector 4C Rashian Colony Bokaro Steel
City(Jharkhand)
3. Sharda Devi W/O Ram Awatar Prasad Singh Permanent Resident Of
Quarter No.-2023, Sector 4c Rashian Colony Bokaro Steel City(Jharkhand)
.... .... Petitioners
Versus
1. The State of Bihar
2. Smt. Shipra D/O Shree Devi Prasad Singh, W/O Dhiraj Kumar Present
Resident At Mohalla-Purvi Postal Park, Churaha Kumar House Gale ,
Chiraiyatarh, P.S.-Kankarbagh, Distt-Patna
.... .... Opposite Parties
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CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN
ORAL ORDER
2 10-04-2012Leave is granted to correct the designation of the Court as regard to paragraph 1 of the application.
Heard Mr. Nawal Kishore Prasad, learned counsel for the petitioners and Smt. Santanu Kumar, learned Additional Public Prosecutor for the State.
The petitioners are aggrieved by the order dated 12.12.2011 passed by Sri Upendra Kumar, Sub Divisional Judicial Magistrate, Patna in Complaint Case No. 2426C of 2011 whereby the learned Magistrate has been pleased to take cognizance of the offence punishable under Section 498A of the Indian Penal Code against the petitioners.
Learned counsel for the petitioners submits that the case in question is mere an ego clash with both the petitioner as well as his complainant-wife being qualified persons and working in reputed Companies. It is stated that at the time of marriage whereas petitioner No.1 was posted in Mumbai, the complainant was an Assistant Programmer in HCL Info- System Ltd. Company and posted in 2 Patna High Court Cr.Misc. No.14298 of 2012 (2) dt.10-04-2012 2/2 Darbhanga, which job she quit on 28.12.2010 on her own volition although she has charged the petitioners for the said decision. It is stated that it is the complainant who is not willing to stay with the petitioner in Mumbai and was constantly moving out of Mumbai and in which circumstance the petitioner filed a matrimonial case in the Family Court at Bokaro giving rise to Matrimonial Suit No. 150 of 2011 filed under Section 9 of the Hindu Marriage Act, 1955 and which is pending in the Court of the Principal Judge, Family Court, Bokaro in the State of Jharkhand. It is stated that while the said case was filed on 03.09.2011 the present complaint came to be instituted three days thereafter on 06.09.2011 before the Chief Judicial Magistrate, Patna although family of the petitioner No.1 are stationed in Jharkhand. Whereas the petitioner No.1 is the husband of the complainant, the petitioner Nos. 2 and 3 are his parents.
Learned counsel submits that the complainant thereafter has also instituted a maintenance case giving rise to Maintenance Case No. 216M of 2011 which was instituted on 22.11.2011 in the Court of Principal Judge, Family Court, Patna seeking maintenance of Rs. 41,000/- per month.
Issue notice to the opposite party No.2 both under ordinary process as well as registered cover for which requisites etc. may be filed within one week, failing which this application shall stand dismissed as against the concerned opposite party without further reference to the Bench.
Put up this case after service of notice.
In the meantime further proceeding in Complaint Case No. 2426(C) of 2011 pending in the Court of Sub-Divisional Judicial Magistrate, Patna shall remain stayed.
Bibhash/- (Jyoti Saran, J)