Patna High Court - Orders
Smt. Pratibha Singh vs The State Of Bihar & Ors on 12 March, 2013
Author: Shivaji Pandey
Bench: Shivaji Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8418 of 2011
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Smt. Pratibha Singh wife of Sri Dhirendra Pratap Singh, resident of village
& P.O. & P.S.-Kulharia (Koilwar), District-Bhojpur, at present residing at
Millennium Homes Apartment, Flat No. 202, PS-Shastri Nagar, Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar
2. Smt. Bibha Singh wife of Sri Pankaj Kumar Singh, resident of C/2
Ground Floor, Millennium Homes Apartment, PS- Shastri Nagar, Patna
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Mahesh Narayan Pravat, Adv.
For the Opposite Party/s : Mr. Shyam Kr. Singh, Adv.
For the State : Mr. Ved Prakash Srivastava, APP
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CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY
ORAL ORDER
4 12-03-2013Heard learned counsel for the petitioner and the State.
In this case, the petitioner is challenging the order dated 5th November 2009 passed by the Judicial Magistrate 1st class, Patna in Complaint Case No. 1131(C)/2009 by which the court below has issued the process directing the petitioner to face the trial.
A complaint case was lodged by one Smt. Bibha Singh as aforesaid stating that accused persons named in the complaint petition were living in Millennium Homes Apartment, Flat no. 202, PS-Shastri Nagar, Patna. The complainant is the resident of Flat No. C/2 of ground floor of that apartment. On 26.4.2009 at about 5.00 P.M. there was a quarrel relating to parking of vehicle which resulted in fighting and allegation has Patna High Court Cr.Misc. No.8418 of 2011 (4) dt.12-03-2013 2/4 been made that the husband of Divya Singh is a member of police and she would see, the complainant be sent to jail. Allegation has been made of assault and taking away golden chain worth Rs. 15,000/-. It has further been alleged that husband of the complainant brought the matter to Shashtri Nagar Police Station, and narrated the whole story to the Officer In-charge of the said police station. In the meantime, the husband of Divya Singh from his mobile number threatened them for not filing the case. The complaint thought that case was registered in the police station and from where the complainant went to the hospital for treatment of her husband. It has been alleged that on 28.4.2009 at about 12.00 P.M. Divya Singh and her husband, Alay came at the door of the complainant and asked her why she had gone to the police station. The complainant asked them to come later as her husband was out whereupon they assaulted her and threatened her in the manner as described in the complaint petition.
The court below took cognizance for offence under sections 323, 342, 354, 379, 504 and 506 of the Indian Penal Code. An application dated 5.11.2009 (Annexure-4 to this petition) was filed making a prayer for addition of the name of Smt. Prativa Singh wife of Sri Dhirendra Pratap Singh, resident of village & PO & PS- Kulharia (Koilwar) District-Bhojpur presently Patna High Court Cr.Misc. No.8418 of 2011 (4) dt.12-03-2013 3/4 residing at Millennium Homes Apartment, Flat No. 202, PS- Shashtri Nagar, Patna as this lady was described in complaint petition as unknown and prayed for issuance of summon.
Counsel for the petitioner has submitted that the name of the lady was not there in the complaint petition when the court has taken cognizance in the counter case where this petitioner was examined as witness, in counter the present application was filed. On the strength of this application, notice was issued to the petitioner. Counsel for the petitioner submits that when the court below has already taken cognizance and issued the notice to the other accused persons, there cannot be addition of the party after the taking of cognizance. He could have filed an application u/s 319 Cr. P.C. during the trial if sufficient material comes, the court below would call upon the petitioner to face the trial.
Counsel for the other side has submitted that this application has become infructuous, as the court below has already rejected the discharge application and against that order Cr. Rev. No. 919/2011 is pending before the A.D.J.-XII. As the court below has already refused to discharge the petitioner, it would not be fair and proper to give opinion on the order of cognizance. Accordingly, this petition is disposed of with liberty to raise all Patna High Court Cr.Misc. No.8418 of 2011 (4) dt.12-03-2013 4/4 points before the Revisional Court and the Revisional Court will consider his case and pass the order taking note of the points raised by the petitioner. This Court is not giving any opinion on the merit of the case in view of change of stage.
(Shivaji Pandey, J) Mahesh/-