IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.10013 of 2010
1. SANTOSH KUMAR, SON OF RAMDHANI PD. RESIDENT OF
VILLAGE MAMTAKUNJ CHAINTOLA, SAIDPUR NAGAR, P.S.
SULTANGANJ, DISTT. PATNA.
2. SHRICHANDRA PRASAD, SON OF LATE GOBIND PRASAD,
RESIDENT OF VILLAGE - SOHSARAI (BIHARSHARIF), P.S.
SOHSARAI, DISTT. NALANDA.
------- PETITIONERS.
Versus
1. THE STATE OF BIHAR
2. KAMAL RAJ, SON OF LATE ANIL KR. SHAHU
RESIDENT OF TWON FFOTWAL BHAWAN, PACHAKAURI SHAH
LANE, WEST LOHANIPUR, P.S. KADAM KUAN, DISTT. PATNA IN
THE RENTED HOUSE OF C. PRASAD.
------- OPPOSITE PARTIES.
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2. 03.12.2010 No one appears on behalf of the petitioners.
The petitioners have sought quashing of the entire
proceeding including the order dated 12.8.2009 passed by
Judicial Magistrate, 1st Class, Patna, in Complaint Case No.
1538(C) of 2009 in which cognizance was taken under Sections
323 and 506 of the Indian Penal Code.
The background of the case is that the Complainant
was married to the accused Prity Kumari but some dispute
arose between them on account of which his wife committed
theft of some articles and the Complainant was also assaulted
in the process.
Considering the nature of allegations and the
absurdity of the same, I am inclined to allow the application.
In view of such, the entire proceeding of Complaint
Case No. 1538 (C) of 2009 including the order dated 12.8.2009
pending before the Judicial Magistrate, 1st Class, Patna, is
2
hereby set aside.
The application stands allowed.
( Anjana Prakash, J.)
S.Ali