High Court Patna High Court - Orders

Shashi Bhushan Chy @ Shashi … vs State Of Bihar & Anr on 27 September, 2011

Patna High Court – Orders
Shashi Bhushan Chy @ Shashi … vs State Of Bihar & Anr on 27 September, 2011
                            IN THE HIGH COURT OF JUDICATURE AT PATNA
                                            Cr.Misc. No.28985 of 2009
     1. Shashi Bushan Chaudhary @ Shashi Prakash Shashi Bhushan, S/O-Dharmnath
         Chaudhary
     2. Dharamnath Chaudhary, S/O-Sudama Chaudhary
     Both are resident of village-Dayalpur, P.S.- Janta Bazar, District-Saran at present resident of
     8 C, Street-41, Bokaro, Jharkhand ..................Petitioners
                                                          Versus
1.   The State Of Bihar
2.   Lalbaboo Chaudhary, S/O-Late Ramchandra Chaudhary Village-Masumganj, P.S.-Bhagwan
     Bazar, District-Saran ...............Opposite Parties.
                                                        -----------

02 27.09.2011 Heard learned counsel for the petitioners as well as

learned Additional Public Prosecutor for the State on the point of

admission.

This petition under Section 482 of the Cr.P.C. has been

preferred for quashing the order dated 07.03.2006 passed by learned

Sub Divisional Judicial Magistrate, Chapra in Trial No. 2810 of 2008

by which and whereunder having found prima facie case under

Section ¾ of Dowry Prohibition Act against the petitioners ordered to

issue process against them for facing trial.

The petitioners have challenged the aforesaid order on

the ground that they had not taken any dowry from Opposite Party No.

2 who is complainant in the above stated Trial No. 2810 of 2008 and

furthermore, the marriage of petitioner no. 1 has already been

solemnized with another girl and similarly, the marriage of daughter

of Opposite Party No. 2 has also been solemnized with another boy.

So, the dispute of the parties have already been ended. It is also

contended by him that the order for issuance of process was passed on

07.03.2006 and since then the case is lying in the court below and no

witness has been examined in the aforesaid case as yet.
2

Considering the aforesaid facts and circumstances as

well as submissions of the parties, I am of the opinion that it is not a

fit case for exercise of power vested under Section 482 of the Cr.P.C.

and, accordingly, this petition stands dismissed on admission stage

itself.

However, learned trial court is, hereby, directed to

expedite the trial of the petitioners and shall try to conclude the same

as early as possible.

SHAHZAD                               ( Hemant Kumar Srivastava, J.)