IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.45261 of 2008
Mukesh Kumar Mandal, Son of Kulo Mandal, Resident of Village Kawlasia Patwar Tola, PS
Falka, District Katihar ------ Petitioner
Versus
1. The State Of Bihar.
2. Munni Kumari, Daughter of Vakil Paswan, Resident of Village Kawlasia Patwar Tola, PS
Falka, District Katihar ----- Opposite Parties
-----------
2 5.8.2011 Heard learned counsel for the
petitioner and the counsel appearing on behalf
of the informant.
This application has been filed for
quashing the order taking cognizance dated
18.9.2008, passed by the Chief Judicial
Magistrate, Katihar as well as the entire
criminal proceeding instituted against the
petitioner under Section 376 of the Indian
Penal Code in Falka P.S. Case No. 66 of 2007.
Learned counsel for the petitioner
submits that this case has been instituted due
to a land dispute. In fact the petitioner is
not at all responsible for the fact that the
victim lady got pregnant and delivered a child.
It is further submitted that he had appeared
and filed an application (Annexure-3 series)
before the Deputy Inspector General of Police,
Purnea that he is ready that the D.N.A. test
should be done in order to determine the
parentage of the child. The Deputy Inspector
2
General of Police, Purnea had perhaps ordered
the Superintendent of Police, Purnea to ensure
that the D.N.A. test is done. It is further
submitted that the entire case is false,
fabricated and maliciously filed.
All these aspects of the matter should
be considered by the Court below before framing
of charges. This application is disposed of
with the aforesaid observations.
Sanjay (Sheema Ali Khan, J.)