Patna High Court - Orders
Tapas Kumar Roy vs The State Of Bihar & Anr on 30 September, 2010
IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. REV. No.371 of 2008
TAPAS KUMAR ROY
...PETITIONER
Versus
1. THE STATE OF BIHAR
2. RESHMI KUMARI, WIFE OF TAPAS KUMAR ROY
...OPPOSITE PARTIES
For the petitioner :Mr.Randhir Kumar no.1
For the State :Mr. Permeshwar Mehta,APP
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04. 30.09.2010Heard both sides.
Petitioner is an accused facing prosecution under sections 307 and 498A IPC including section ¾ of the Dowry Prohibition Act. He is aggrieved by order dated 02.02.2008, passed by learned trial Judge in S.T.No.527/2007, whereby his application filed under sections 227 and 228 Cr.P.C. has been considered and rejected.
The impugned order was passed on 02.02.2008. Present application was lodged in this Court on 16.04.2008. No interim protection was granted to the petitioner. By order dated 08.09.2010, this court directed the petitioner to file a supplementary affidavit disclosing the status/result of the proceeding.
Counsel for the petitioner fairly states that during the pendency of this application charges have been framed and trial has commenced in which one witness has been examined. The grievance of the petitioner in the present application is that based on materials available on record no case under section 307 IPC is made out. It is submitted that after the alleged attempt to 2 commit the offence in a motel the complainant/informant as well as the present petitioner travelled together. Subsequent thereto, as per the allegation, she was again subjected to torture and ousted from matrimonial home. It is contended that there is no injury report also.
Be that as it may, since the trial has already commenced this court declines to interfere with the order.
Petitioner shall have liberty to raise/agitate all these facts/grievances before learned trial Judge which shall be considered at the time of final disposal of the matter.
The application is accordingly disposed of.
( Kishore K. Mandal ) hr