IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.18419 of 2008
Sima Srivastav @ Sima Devi .
Versus
The State Of Bihar & Anr .
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7. 14.7.2011 Heard learned counsel for the petitioner and the State.
This application has been filed for quashing the order
dated 23rd of April, 2008 taking cognizance of the offences in
question in connection with Dumra Police Station Case No.188 of
2006, G.R. No.1466/06/Trial No.2742/08.
It is submitted on behalf of the petitioner that although
police after investigation submitted charge sheet against the
petitioner, but during investigation, no witness has supported the
prosecution case and as such the order taking cognizance, although
it mentions that on perusal of the case diary and charge sheet, is not
sustainable in law.
Learned counsel for the opposite party no.2 has appeared
and filed a counter affidavit stating herein that there were sufficient
materials collected during investigation and, as such, the police
submitted charge sheet and thereafter cognizance has been taken
although the petitioner in the rejoinder has denied the charges and
submitted that the witnesses have not supported the prosecution
case.
Considering the submissions of the parties and their
respective pleadings as also the impugned order dated 23rd of April,
2008, the question whether the witnesses have supported the
prosecution case or not and the veracity of the witnesses if examined
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on behalf of the prosecution during the trial will be subject to
scrutiny and examination by the trial court.
In this view of the matter, I am not inclined to interfere
with the matter. The writ application being devoid of any merit, the
same is, accordingly, dismissed.
PNM (Shailesh Kumar Sinha, J.)