Vimal Kishore Singh & Ors vs State Of Bihar & Anr on 18 April, 2017

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Patna High Court - Orders

Vimal Kishore Singh & Ors vs State Of Bihar & Anr on 18 April, 2017

Bench: Dinesh Kumar Singh

                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Criminal Miscellaneous No.34406 of 2016
                    Arising Out of PS.Case No. -111 Year- 2010 Thana -PATNA COMPLAINT CASE District-
                                                            PATNA
                 ======================================================
                 Vimal Kishore Singh & Ors
                                                                    .... .... Petitioner/s
                                                  Versus
                 State of Bihar & Anr
                                                               .... .... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :  Mr. Nilesh Kumar
                 For the Opposite Party/s   : Mr. Sri Ramchandra Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
                 ORAL ORDER

2   18-04-2017

Heard learned counsel for the petitioners and State.

The present application has been filed for quashing of the order dated 04.08.2010 passed by the learned Judicial Magistrate, 1st Class, Patna City, in connection with Complaint Case No.111 of 2010, whereby the process has been directed to be issued after cognizance being taken under sections 323, 341, 448 and 380 of the Indian Penal Code.

A supplementary affidavit has been filed today i.e. 18.04.2017 in the Court to the effect that the matter has not travelled beyond the cognizance level. A statement to that effect has been made in paragraph no.2 of the supplementary affidavit, which reads as under :-

"That in the present case after passing of the impugned order i.e. the issuance of process the stage of the case has not changed and the case is still pending for appearance and the stage of 244 Cr.P.C. has not yet started."

Patna High Court Cr.Misc. No.34406 of 2016 (2) dt.18-04-2017 2/2

It is submitted by learned counsel for the petitioner that the complainant is the maternal uncle of Mintu Kumar with whom the sister of the petitioner nos. 4 and 5 was married, but subsequently she was killed for non-fulfillment of dowry demand resulting into lodging of Alamganj P.S. Case No.16 of 2010, on 03.02.2010 levelling accusation under section 304B of the Indian Penal Code against the complainant of the present complaint case and his family members, thereafter, as a retaliatory measure the present complaint was filed on 18.02.2010. The petitioners are the family members and relatives of the victim Kusum Kumari.

Issue notice to opposite party no.2 by ordinary post as well as by registered cover with A/D for which requisites must be filed within a period of two weeks failing which this application shall stand rejected without further reference to the Bench.

In the meantime, further proceeding, as against the petitioners, in connection with Complaint Case No.111/2010, pending before the learned Judicial Magistrate, 1st Class, Patna City, is hereby stayed.

(Dinesh Kumar Singh, J) Ashwini/-

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Patna High Court - Orders