Pawan Tulsyan & Anr vs State Of Bihar & Anr on 18 March, 2016

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Patna High Court - Orders

Pawan Tulsyan & Anr vs State Of Bihar & Anr on 18 March, 2016

Bench: Ashwani Kumar Singh

                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Criminal Miscellaneous No.1657 of 2015
                    Arising Out of PS.Case No. -1251 Year- 2014 Thana -MUZFFARPUR COMPLAINT CASE
                                                   District- MUZAFFARPUR
                 ======================================================
                 1. Pawan Tulsyan son of Late Sambhu Karan Das Tulsyan
                 2. Kiran Devi Tulsyan @ Kiran Tulsyan wife of Pawan Tulsyan
                          Both are residents of Mohalla- Rehra Bazar, P.S - Uska Bazar,
                  District - Sidharth Nagar ( Uttar Pradesh)

                                                                            .... ....   Petitioner/s
                                                  Versus
                 1. The State of Bihar
                 2. Chama Tulsyan wife of Neeraj Tulsyan daughter of Sri Ram Sundar
                 Tikmani, resident of Mohalla- Brahman Tola, Kedarnath Road, P.S- Nagar,
                 District - Muzaffarpur.

                                                             .... .... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     : Mr. Anish Kumar, Advocate
                 For the Opposite Party/s : Mr. C.Jawahar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR
                 SINGH
                 ORAL ORDER

5   18-03-2016

In the instant application preferred under section 482 of the Code of Criminal Procedure, the petitioners seek quashing of the order dated 10.7.2014 passed by the learned Chief Judicial Magistrate, Muzaffarpur in connection with Complaint Case No.1251 of 2014 dated 20.5.2014 corresponding to Tr. No.1719 of 2014 whereby and whereunder finding a prima facie case to be made out under sections 323, 406, 498A and 504 of the Indian Penal Code, the petitioners were summoned to face trial.

By order dated 8.2.2016 passed by this court two weeks' time was allowed to the petitioners to take steps for fresh service Patna High Court Cr.Misc. No.1657 of 2015 (5) dt.18-03-2016 2/2 of notice upon opposite party no.2 both by registered cover with A/D as well as ordinary process failing which the application was directed to be rejected as against opposite party no.2 without further reference to a Bench.

The Registry has reported that due to non-compliance with the aforesaid order dated 8.2.2016, the case stood rejected as against opposite party no.2.

As the case arises out of a complaint, the complainant is a necessary party and in absence of the complainant the present lis cannot proceed.

In that view of the matter, the application is dismissed.

(Ashwani Kumar Singh, J) Md.S./-

 U           T

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Patna High Court - Orders