High Court Patna High Court - Orders

Satya Bhama Devi @ Bhama Mati Devi … vs State Of Bihar &Amp; Anr on 25 August, 2010

Patna High Court – Orders
Satya Bhama Devi @ Bhama Mati Devi … vs State Of Bihar &Amp; Anr on 25 August, 2010
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Cr. Misc. No.8180 of 2009
            1.   SATYA BHAMA DEVI @ BHAMA MATI DEVI wife of Bharat Mahto &
            2.   Aparna Aryani daughter of Bharat Mahto, Both resident of village- Sarengarh,
                 P.S. Makhdumpur (Tehta OP) District- Jehanabad                 ....Petitioners

                                            Versus

            1.   THE STATE OF BIHAR &
            2.   Yashoda Devi wife of Mahendra Prasad, resident of village- Sarangarh, P.S.
                 Makhdumpur (Tehta OP), District- Jehanabad
                                                                       ...Opposite Parties
                                        -----------

2/ 25.08.2010 No one appears for the petitioners.

The petitioner has sought quashing of the order of

cognizance dated 7.1.2009 passed by the Judicial Magistrate, 1st

class, Jehanabad, in Makhdumpur P.S. case no.178 of 2008, on the

ground that section 308 Indian Penal Code is mentioned in the order

impugned which was not made out and he has not taken cognizance

under section 379 Indian Penal Code.

Since at the stage of framing of charge the Magistrate is

required to see whether prima facie case is made out and the sections

are irrelevant, I am not inclined to interfere in the matter.

The application is dismissed.

     JA/-                                                        (Anjana Prakash, J.)