IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.10210 of 2000
DR. KARTIK PRASAD
Versus
STATE OF BIHAR & ANR
-----------
9. 24.6.2010. Heard Sri Umakant Prasad, learned
counsel for the petitioner and also heard the
learned A.P.P. for the State.
This petition has been preferred by the
petitioner Dr. Kartik Prasad to seek a relief of
quashing the order dated 16.8.1999 by which the
petitioner and other accused persons were
summoned for allegedly committing various
offences including that under Section 498A of
the Penal Code. It hardly requires to be pointed
out that allegations made in the complaint
petition has to be taken as true on their face
value and, thereafter, the court has to discern
from it the constitution of an offence. If no
offence is constituted or, in other words, if
there is no allegation of participation in
commission of the offence then order summoning
an accused has always to be held falling sort of
the settled law. Reference might may be made in
the above behalf to a huge line of decisions
starting from R.P.Kapur Vrs. State of Punjab AIR
1960 SC 866 and Chandra Deo Singh Vrs. Prokash
-2-
Chandra Bose AIR 1963 SC 1430. I have perused
the complaint petition and only two statements
appear made against the petitioner that he was
acting as a negotiator for settlement of the
marriage and further that he had participated as
a Barati in the marriage ceremony and had
performed “Gunghat” ceremony. Except the above,
there is no allegations of illtreatment and
torture meted out to the complainant. Besides,
the petitioner does not appear either as a
relative or a family member of the complainant’s
husband.
Regard being had to the above facts and
statements made in the complainant petition in
the light of the settled principle of law as
regards the summoning order dated 16.8.1999
passed by Sri S.P.Mishra, Judicial Magistrate,
Bhagalpur in Complaint Case No.386 of 1999, the
same is hereby quashed. As regards the other
part of the order that shall remain as it is. If
any stay was granted that shall stand vacated.
( Dharnidhar Jha, J. )
B.Kr.