Pushpa Tiwari @ Puspa Tripathi And Ors vs State Of Bihar And Anr on 23 August, 2019

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Patna High Court - Orders

Pushpa Tiwari @ Puspa Tripathi And Ors vs State Of Bihar And Anr on 23 August, 2019

Bench: Ashutosh Kumar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.71856 of 2018
                 Arising Out of PS. Case No.-3018 Year-2017 Thana- PATNA COMPLAINT CASE District-
                                                          Patna
                 ======================================================
           1.    Pushpa Tiwari @ Puspa Tripathi, Wife of Shri Aksay Tiwari @ Akshay
                 Kumar Tripathi, Resident of Village House No.227, Bhanger, Mohalla-
                 Madanpur, P.S. Khadar Sarita Bihar, New Delhi, Pin 110076.
           2.    Baban Ji Upadhayay, Son of Shri Ram Pukar Upadhyay.
           3.    Ramabati Devi, Wife of Shri Baban Ji Upadhayay.
           4.    Uday Shankar Upadhayay, Son of Babanji Upadhayay.
           5.    Abhay Shankar Upadhayay, Son of Baban Ji Upadhayay.
                 All (Sl. 2 to 5) are Resident of Village-Chhine Gaon, P.S. Barhara, Distt.-
                 Bhojpur. At present Mohalla-Kojisweet Gali, C/o Rupa Studio, Nala Road,
                 P.S. Kadam Kuan, Distt.-Patna.

                                                                                ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar.
           2.    Smiriti Mishra, Wife of Vinoy Shankar Upadhayay, D/o of Laxmikant
                 Mishra, At Present Mohalla Nova Nagar, Phase-2, Near Khojaj Imli,
                 Phulwari Sharif, P.S. Phulwari Sharif, Distt.-Patna.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Prakash Chandra Jha, Adv.
                 For the Opposite Party/s :     Mr. Upendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
                                       ORAL ORDER

2   23-08-2019

Petitioner Nos. 1, 2, 3, 4 and 5 are the maternal aunt, father-in-law, mother-in-law and the brothers-in-law of the complainant/opposite party No. 2 respectively. They seek quashing of the order dated 17.01.2018 passed by the learned Sub-Divisional Judicial Magistrate, Patna in connection with Complaint Case No. 3018 (C) of 2017, Patna High Court CR. MISC. No.71856 of 2018(2) dt.23-08-2019 2/2 whereby cognizance has been taken against them under Section 498(A) of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

2. It has been submitted on behalf of the petitioners that the case has not travelled beyond the stage of cognizance.

3. Issue notice to opposite party No. 2 by registered post as well as by ordinary process, on steps being taken by the petitioners for filing requisites etc., within a period of one week from today, returnable on 27th September, 2019.

4. In the meantime, all further proceedings before the Court below with respect to the petitioners, in connection with Complaint Case No. 3018 (C) of 2017, shall remain stayed.

5. Re-notify on 27th September, 2019.

(Ashutosh Kumar, J) Praveen-II/-

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Patna High Court - Orders