IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.41002 of 2010
SMT.MEERA TRIPATHI W/O SRI MADAN MOHAN TRIPATHI, R/O E-119,
VIDHYA DHAM, GROUND FLOOR, P.C. COLONY, P.O.- LOHIANAGAR,
P.S.- KANKARBAGH, TOWN & DISTRICT- PATNA
Versus
1. STATE OF BIHAR
2. KUMAR SATYAPRIYA S/O MR. SATYA PRAKASH TRIPATHI, R/O VIDHYA
DHAM, Ist FLOOR, HOUSE NO. E- 119 P.C. COLONY, P.O.- LOHIANAGAR, P.S.-
KANKARBAGH, TOWN & DISTRICT- PATNA
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2. 07.12.2010 Heard the parties.
The petitioner has sought quashing of the order
dated 4.10.2010 passed by Judicial Magistrate, Ist Class, Patna
in Complaint Case No. 731 (C)/2010 by which the prayer of
the petitioner made under Section 205 Cr.P.C. has been
disallowed.
Considering that an application under Section
205 Cr.P.C. is a matter between the court and the accused. I do
not see any justification in noticing the complainant. From the
facts of the case it appears that the petitioner has been involved
in the present case which is totally civil in nature and there is
no dispute with regard to their identity.
In view of such, the application is allowed and
the order dated 4.10.2010 is quashed on an undertakings of the
petitioner that she will present herself before the court as and
when required and will not dispute her identity during trial.
Fahad. ( Anjana Prakash, J. )