Posted On by &filed under High Court, Patna High Court - Orders.


Patna High Court – Orders
Bharat Ram @ Bharat Kumar Shashtri vs State Of Bihar & Anr on 13 September, 2011
                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                      Cr.Misc. No.28091 of 2009
              Bharat Ram @ Bharat Kr. Shashtri, S/O-Iswar Dayal Ram, resident of village
              & P.O.-Dhabahan, P.S.-Ara Mufassil, District-Bhojpur .............Petitioner
                                                    Versus
           1. The State of Bihar
           2. Dharmashila Devi, W/O-Bharat Ram, resident of village & P.O.-Dhabahan,
              P.S.-Ara Mufassil, District- Bhojpur at present resident of village & P.O.-
              Dhamar, P.S.-Ara Mufassil, District- Bhojpur, Ara.       .............Opposite
              Parties.
                                                 -----------

For the Petitioner :- Manoj Kumar (Advocate)
For the State :- Md. Arif (A.P.P.)

02 13.09.2011 Heard learned counsel for the petitioner as well as

learned Additional Public Prosecutor for the State on the point of

admission.

This petition has been preferred against order dated

24.09.2008 passed by Sub Divisional Judicial Magistrate, Bhojpur at

Ara in Complaint Case No. 127 C of 2007 corresponding to Trial No.

1931 of 2009 by which and whereunder he having found prima facie

case under Sections 498 (A) of the Indian Penal Code and ¾ of Dowry

Prohibition Act against the petitioner and others took cognizance for

the offences.

It would appear from Annexure-1 to this petition that

originally, complainant, namely, Dharmashila Devi filed Complaint

Case No. 226 C of 2004 against the petitioner and others and the

aforesaid complaint petition was converted into Ara (Mufassil) P.S.

Case No. 87 of 2004. The police investigated the above stated case

and after due investigation police submitted final form in the year

2006 but in the meantime, informant (complainant) filed a protest

petition against the investigation of the police.
2

It would further appear from the record as well as

submissions of the parties that that aforesaid protest petition was

treated as complaint petition and the said protest petition was

registered as Complaint Case No. 127 C of 2007. The learned Chief

Judicial Magistrate conducted an enquiry and having found prima

facie case for the offences under Sections 498 (A) of the Indian Penal

Code and ¾ of Dowry Prohibition Act against the petitioner and other

accused passed the impugned order dated 24.09.2008.

The main grievance of the petitioner is that the final

form was submitted in the year 2006 but the protest petition was filed

in the year 2007 i.e. after one year of filing of the aforesaid final form.

In my view, there is no substance in the contention of

learned counsel for the petitioner and furthermore, the impugned order

does not require any interference.

On the basis of aforesaid discussions, this petition is,

hereby, dismissed on admission stage itself.

Let this order be communicated to the concerned court

for needful.

SHAHZAD                             ( Hemant Kumar Srivastava, J.)
 

Leave a Reply

Your email address will not be published. Required fields are marked *

* Copy This Password *

* Type Or Paste Password Here *

17 queries in 0.133 seconds.