Patna High Court - Orders
Jagdish Sahni & Ors vs State Of Bihar & Anr on 4 August, 2014
Author: Anjana Prakash
Bench: Anjana Prakash
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1884 of 2014
Arising out of Nagar P.S. Case No.524, Year- 2009, Thana -MUZAFFARPUR CITY, District-
MUZAFFARPUR
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1. Jagdish Sahni, son of late Prameshwar Sahni
2. Pramod Sahni @ Pramod Kumar
3. Binod Sahni,
4. Bharat Bhushan Sahni @ Shashi Bhushan
Sl Nos. 2 to 4 are sons of Jagdish Sahni
5. Radha Devi, w/o Jagdish Sahni
6. Anita Devi, w/o Binod Sahni
All are resident of village- Sikandarpur, Kundal, P.S.- Nagar, District-
Muzaffarpur
.... .... Petitioner/s
Versus
1. The State of Bihar
2. Meena Devi, w/o Pramod Sahni, resident of village- Sikandarpur,
Kundal, P.S.- Nagar, District- Muzaffarpur at Present daughter of
Harinarain Sahni, resident of Mohalla- Kohua Paigambarpur, P.S.-
Ahiyapur, District- Muzaffarpur
.... .... Opposite Party/s
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CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH
ORAL ORDER
3 04-08-2014Heard learned counsel for the Petitioners and the State.
The Petitioners seek quashing of the order dated 10.12.2013 passed by the Chief Judicial Magistrate, Muzaffarpur, in connection with Town P.S. Case No. 524 of 2009 by which he has taken cognizance in the matter.
The case of the Informant is that she was married to the Petitioner No. 2 in the year 2002 but for ends of dowry, she was tortured and driven out from her matrimonial house.
It has been submitted on behalf of the Petitioner No. 1, Patna High Court Cr.Misc. No.1884 of 2014 (3) dt.04-08-2014 2/3 3, 4, 5 and 6, that they are relatives of the husband of the Informant and on going through the First Information Report, one will find that there is no specific instance of torture against them.
On going through the contents of the First Information Report, I am inclined to agree with the submission raised on behalf of the Petitioners.
Hence, so far as Prosecution of Petitioners No. 1, 3, 4, 5 and 6, is concerned, the application is allowed and the order dated 10.12.2013 passed by the Chief Judicial Magistrate, Muzaffapur, in connection with Nagar P.S. Case No. 524 of 2009 is, hereby, set aside.
As for Petitioner No. 2, in the nature of dispute between the parties, let the matter be referred to the Patna High Court Mediation/Conciliation Centre where the parties shall produce relevant documents, if required, along with a copy of this order within ten days and also furnish Parties/Lawyers' Mobile numbers for efficient communication and file a certificate in this regard in the Criminal Section, failing which this application shall stand rejected.
It is made clear that the parties shall not wait for notice from the Mediation Centre. Counsel(s) shall enquire about the dates fixed by the Mediation Centre and inform their Patna High Court Cr.Misc. No.1884 of 2014 (3) dt.04-08-2014 3/3 respective clients for their appearance.
Put up on 3.12.2014 after receipt of the report of the Patna High Court Mediation/Conciliation Centre.
In the meanwhile, interim order dated 17.1.2014 passed by this Court in connection with Town P.S. Case No. 524 of 2009 pending before the Chief Judicial Magistrate, Muzaffarpur, shall continue.
The petitioner No. 2 is directed to deposit Rs.750/- (Seven hundred fifty) per month in the court below firstly within 15 days of the receipt of this order and subsequently by 15th every month which the wife of the petitioner will be at liberty to withdraw without prejudice the right of the parties. However, if the Complainant/Informant has a Bank account or subsequently opens a Bank account, the money shall be deposited in the account and a receipt to this effect shall be filed by 15th every month in the court below.
(Anjana Prakash, J) S.Ali/-
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