Patna High Court - Orders
Sheikh Basir @ Basir @ Sheikh Ojib vs The State Of Bihar on 6 July, 2012
Author: Rakesh Kumar
Bench: Rakesh Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5128 of 2010
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Sheikh Basir @ Basir @ Sheikh Ojib
.... .... Petitioner
Versus
The State Of Bihar & Anr
.... .... Opposite Parties
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CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR
ORAL ORDER
4 06-07-2012Heard Sri Umesh Chandra Verma, learned counsel for the petitioner and Sri Gauri Shankar Gupta, learned Addl. Public Prosecutor.
In this case by order dated 24.09.2010, notice was directed to be issued to Opp. Party No. 2. Despite valid service of notice, Opp. Party No. 2 has not appeared.
Learned counsel for the petitioner has prayed for quashing of an order dated 08.01.2010 passed by learned Judicial Magistrate 1st Class, Bettiah (West Champaran), in Trial No. 2697 of 2010, arising out of Complaint Case No. 76-C of 2007. By the said order, learned Magistrate has taken cognizance of offence under Sections 323, 380 & 498 of the Indian Penal Code.
It was asserted that initially Opp. Party No. 2 had filed a written complaint before the police and thereafter, an F.I.R. was registered under Sections 366 & 379 of the Indian Penal Code. During investigation, allegation was found false and police recommended for prosecuting the complainant/ Opp. Party No. 2 2 Patna High Court Cr.Misc. No.5128 of 2010 (4) dt.06-07-2012 2/3 for offence under Sections 182 & 211 of the Indian Penal Code. Even statement of the victim (complainant's daughter-in-law) was recorded under Section 164 Cr.P.C., which has been brought on record and annexed as Annexure-'3'. In her statement under Section 164 Cr.P.C., the victim has categorically stated that she was assaulted by the complainant/ Opp. Party No. 2 and thereafter, she had left the house of her in-laws.
After filing of the final report, a protest petition was filed and on the protest petition, the case has proceeded and the learned Magistrate has passed the order of cognizance, which is under-challenged.
Learned counsel for the petitioner further asserts that even in statement of the complainant, which was recorded on solemn affirmation, while replying answer to the court's question, he had categorically accepted that he was residing with his daughter-in-law.
The Court is of the opinion that this matter requires detailed hearing.
Admit.
Call for Lower Court Record from the court of Judicial Magistrate 1st Class, Bettiah (West Champaran), in connection with Complaint Case No. 76-C of 2007 (Trial No. 3 Patna High Court Cr.Misc. No.5128 of 2010 (4) dt.06-07-2012 3/3 2697 of 2010).
During the pendency of this petition, further proceeding in Complaint Case No. 76-C of 2007 (Trial No. 2697 of 2010), pending in the court of Judicial Magistrate 1st Class, Bettiah (West Champaran), shall remain stayed.
Issue notice in hearing matter to Complainant/ Opp. Party No. 2.
Notice to go through ordinary post as well as registered cover with A/D, for which requisites etc. must be filed within ten days.
(Rakesh Kumar, J) Anay/-