IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.28985 of 2009
1. Shashi Bushan Chaudhary @ Shashi Prakash Shashi Bhushan, S/O-Dharmnath
Chaudhary
2. Dharamnath Chaudhary, S/O-Sudama Chaudhary
Both are resident of village-Dayalpur, P.S.- Janta Bazar, District-Saran at present resident of
8 C, Street-41, Bokaro, Jharkhand ..................Petitioners
Versus
1. The State Of Bihar
2. Lalbaboo Chaudhary, S/O-Late Ramchandra Chaudhary Village-Masumganj, P.S.-Bhagwan
Bazar, District-Saran ...............Opposite Parties.
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02 27.09.2011 Heard learned counsel for the petitioners as well as
learned Additional Public Prosecutor for the State on the point of
admission.
This petition under Section 482 of the Cr.P.C. has been
preferred for quashing the order dated 07.03.2006 passed by learned
Sub Divisional Judicial Magistrate, Chapra in Trial No. 2810 of 2008
by which and whereunder having found prima facie case under
Section ¾ of Dowry Prohibition Act against the petitioners ordered to
issue process against them for facing trial.
The petitioners have challenged the aforesaid order on
the ground that they had not taken any dowry from Opposite Party No.
2 who is complainant in the above stated Trial No. 2810 of 2008 and
furthermore, the marriage of petitioner no. 1 has already been
solemnized with another girl and similarly, the marriage of daughter
of Opposite Party No. 2 has also been solemnized with another boy.
So, the dispute of the parties have already been ended. It is also
contended by him that the order for issuance of process was passed on
07.03.2006 and since then the case is lying in the court below and no
witness has been examined in the aforesaid case as yet.
2
Considering the aforesaid facts and circumstances as
well as submissions of the parties, I am of the opinion that it is not a
fit case for exercise of power vested under Section 482 of the Cr.P.C.
and, accordingly, this petition stands dismissed on admission stage
itself.
However, learned trial court is, hereby, directed to
expedite the trial of the petitioners and shall try to conclude the same
as early as possible.
SHAHZAD ( Hemant Kumar Srivastava, J.)