Patna High Court - Orders
Sanjay Kumar Yadav & Anr. vs The State Of Bihar & Anr. on 29 March, 2012
Author: Jyoti Saran
Bench: Jyoti Saran
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13173 of 2012
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Sanjay Kumar Yadav & Anr.
.... .... Petitioner/s
Versus
The State of Bihar & Anr.
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Rajiva Ranjan, Advocate
For the Opposite Party/s : Mr. Damodar Tiwary, APP
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CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN
ORAL ORDER
2 29-03-2012Heard Mr. Rajiva Ranjan, learned counsel appearing on behalf of the petitioners and the learned Additional Public Prosecutor appearing for the State.
The petitioners are aggrieved by the order dated 22.08.2007, passed by the learned Sub-Divisional Judicial Magistrate, Danapur in Complaint Case No.405C of 2007, whereby the learned Magistrate has been pleased to take cognizance of the offences punishable under section 498A of the Indian Penal Code and section 4 of the Dowry Prohibition Act against the petitioners.
Whereas petitioner no.1 is the husband of complainant opposite party no.2, petitioner no.2 is the mother- in-law.
Learned counsel for the petitioners with reference to the FIR placed at Annexure-2 giving rise to Khagaul P.S. Patna High Court Cr.Misc. No.13173 of 2012 (2) dt.29-03-2012 2 Case No.110 of 2006 submits that the complainant opposite party no.2 for the same nature of allegations had instituted a police case and in which the police upon investigation did not find the allegation true and submitted final form in favour of the petitioners not sending them up for trial. He, however, submits that the final form having been submitted on 25.01.2007 is yet pending consideration before the learned Additional Chief Judicial Magistrate, Danapur. He submits that in the aforesaid circumstances a petition was filed on behalf of the petitioners under section 210 of the Code of Criminal Procedure for staying the proceedings in the complaint case pending outcome of the police case in Khagaul P.S. Case No.110 of 2006 and which has since been rejected on 14.01.2011 prompting the petitioners to move this Court in the present application. It is further stated that FIR was instituted on 12.11.2006 for an occurrence allegedly taking place on the said date with no allegation of any harassment or cruelty prior thereto, the complaint case instituted subsequently in the year 2007 makes allegation of earlier period, i.e. 2005 to 08.05.2006 and which shows that it has been filed merely to harass the petitioners.
Learned counsel for the petitioners with reference Patna High Court Cr.Misc. No.13173 of 2012 (2) dt.29-03-2012 3 to the statement made in paragraph 6 of the application submits that leaving aside the controversy between the parties, the petitioners herein are yet ready to restore the honour and dignity of complainant opposite party no.2 provided she is ready to cohabit with them.
Issue notice to opposite party no.2 for which requisites under ordinary process as well as registered cover with A/D be filed within one week, failing which this application as against her shall stand rejected without further reference to the Bench.
Put up after service of notice.
In the meantime, further proceedings in Complaint Case No.405C of 2007 pending in the court of learned Sub- Divisional Judicial Magistrate, Danapur shall remain stayed.
(Jyoti Saran, J) SKPathak/-