IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. WJC No.81 of 2010
KALPANA KUMARI @ KALPANA DEVI WIFE OF OM
PRAKASH SINGH RESIDENT OF VILLAGE - SIHMA,
P.S. MATIHANI, DISTRICT BEGUSARAI.
Versus
1. THE STATE OF BIHAR
2. THE DIRECTOR GENERAL OF POLICE, BIHAR, PATNA.
3. THE INSPECTOR GENERAL OF POLICE BHAGALPUR
RANGE, BHAGALPUR.
4. THE DEPUTY INSPECTOR GENERAL OF POLICE,
MUNGER DIVISION, MUNGER.
5. THE SUPERINTENDENT OF POLICE, BEGUSARAI.
6. THE SUB-DIVISIONAL POLICE OFFICER,
BEGUSARAI.
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04. 18.01.2011 Heard learned counsel for the petitioner
and the State.
The petitioner is alleged to be the mother-
in-law of the deceased and an accused in Matihani P.S.
Case No. 88 of 2008 registered for the alleged offences
under Section 498A, 304B and 201/34 of the Indian Penal
Code.
It is submitted that as a matter of fact,
petitioner is not mother-in-law of the deceased and as
such, he could not be made accused in the said case
alleging the involvement of the mother-in-law. He further
submits that during investigation, the fact of relationship
of this petitioner with the deceased was not examined and
police submitted the charge sheet against the petitioner.
He further submits that in the entire case diary there is no
material against this petitioner to show that the petitioner
is the mother-in-law of the deceased.
Learned counsel for the State submits that
the investigation was done properly on the basis of the
materials available and the charge sheet has been
submitted against the petitioner.
Considering the rival submission of the
parties, it is admitted position that charge sheet has been
submitted against the petitioner. However, it will be open
for the petitioner to raise all his contentions available in
law at the time of framing of the charge sheet.
The writ application stands disposed of
with the above observations/directions.
Jagdish/- ( Shailesh Kumar Sinha,J.)