Patna High Court - Orders
Ravi Kant Sinha & Ors. vs State Of Bihar & Anr on 13 January, 2014
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
Patna High Court Cr.Misc. No.1481 of 2014 (2) dt.13-01-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1481 of 2014
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1. Ravi Kant Sinha,
2. Smt. Renu Kumari Sinha,
3. Krishna Ballav Prasad,
4. Neeraj Kumar
.... .... Petitioner/s
Versus
1. State Of Bihar,
2. Nirmala Kumari
.... .... Opposite Party/s
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CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR
SINGH
ORAL ORDER
2 13-01-2014Heard learned counsel for the parties.
The present application has been filed for quashing the order dated 31.10.2013 passed by the learned Additional Sessions Judge VII, Patna in Cr. Revision No. 332 of 2013 whereby the order dated 28.2.2013 passed by the learned SDJM, Patna in Complaint Case No. 2592 C of 2004 has been affirmed whereby the application of the complainant to alter the charge under sections 494/120B IPC against the petitioners who are brother and sister of the husband of the complainant and father and brother of the alleged second wife.
It is submitted by the learned counsel for the petitioners that the accusation of second marriage was there in the complaint but neither cognizance was taken under sections 494/120B IPC nor the charges were framed. After close of the prosecution Patna High Court Cr.Misc. No.1481 of 2014 (2) dt.13-01-2014 evidence the application for alteration of charge under sections 494/120B IPC was made. The learned court below allowed the application of O.P. No. 2 under section 216 of Cr.P.C. since husband of the informant admitted the performance of second marriage.
Issue notice to O.P. No. 2 under ordinary process as well as by registered cover with A/d for which requisites etc. must be filed within two weeks failing which this application as against O.P. No. 2 shall stand rejected without further reference to the bench.
In the meantime, further proceeding of Complaint Case no. 2592 C of 2004 with regard to the petitioners pending before the court of the learned SDJM, Patna shall remain stayed.
(Dinesh Kumar Singh, J) Anil/-