IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.16470 of 2008
1. Dev Chandra Mishra, Son of Late Chitra Narayan
Mishra
2. Narayani Mishra W/O Dev Chandra Mishra
3. Abhay Kumar Mishra, Son of Dev Chandra Mishra
All of Village- Tatuar, P.S. Manigachchi,
District-Darbhanga -- Petitioners
Versus
STATE OF BIHAR
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03 30-06-2010 When the case was called out, no one appeared on
behalf of the petitioner either to press this petition or to make a
prayer for adjournment. Yesterday (i.e. 29.06.2010) also, none
had appeared on behalf of the petitioners. However, Sri Nirbhay
Kumar Singh, learned counsel appearing on behalf of the
informant and Smt. Indu Bala Pandey, learned Addl.Public
Prosecutor appearing on behalf of the State were present.
Today again Sri Nirbhay Kumar Singh, learned
counsel appearing on behalf of the informant and Smt. Indu Bala
Pandey, learned Addl.Public Prosecutor appearing on behalf of
the State are present.
It has been submitted by Sri Singh, learned counsel
for the informant that the petitioners are not interested in the
present case and, as such, none has come forward.
Three petitioners, while invoking inherent
jurisdiction of this Court under Section 482 of the Code of
Criminal Procedure, have prayed for quashing of the order dated
25.2.2008 passed in Laheriasarai P.S. Case No.415 of 2006 by
the learned Chief Judicial Magistrate, Darbhanga. By the said
order, the learned Magistrate has taken cognizance of the
offences under Sections 406.420, 506,120B/34 of the Indian
Penal Code and 3 and 4 of the Dowry Prohibition Act.
Sri Singh, learned counsel for the informant has
further informed the Court that in this case after order of
cognizance, charges have already been framed and the evidence
in the case is going on. It was submitted that four prosecution
witnesses have already been examined.
In view of the fact that the trial has already
commenced and four witnesses have already been examined,
there is no point to entertain the present case, which has
primarily been filed against the order of cognizance.
Accordingly, I do not find merit in the present
petition and the petition stands rejected.
NKS/- ( Rakesh Kumar, J)