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Patna High Court

Abdul QuyumversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The High Court found no ground to interfere with the order refusing cognizance and dismissed the petition.

Summary

The petitioner Abdul Quyum sought to quash an order dated 04-10-2024 of the Additional District and Sessions Judge, Bettiah, which had taken cognizance of a murder case (Sessions Case No. 242 of 2023) under Sections 319(1)(2) of the Criminal Procedure Code, but had not summoned the brother‑in‑law and sister‑in‑law of the deceased as accused. The underlying facts involve the death of Sabnam Khatoon, allegedly strangulated by her husband’s relatives after dowry demands were not met, and the informant’s report to police. The petitioner argued that there were sufficient grounds to summon the two relatives as accused, while the opposite parties contended that the FIR named them but the investigation cleared them, and the magistrate’s order not to take cognizance was never challenged. After hearing counsel and reviewing the records, the Patna High Court held that there was no ground to interfere with the lower court’s order. Consequently, the petition for quashing the order was dismissed.

Issues considered

  • Whether the order of the Additional District and Sessions Judge refusing to take cognizance against the brother‑in‑law and sister‑in‑law can be quashed.
  • Whether there are sufficient grounds to summon the said persons as accused under Sections 319(1)(2) CrPC.

Legislation cited

Subjects

  • Criminal Procedure Code
  • cognizance
  • quash order
  • dowry death
  • murder
  • investigation
  • accused
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16785 of 2025
                 Arising Out of PS. Case No.-552 Year-2022 Thana- CHANPATIA District- West Champaran
                 ======================================================
                 Abdul Quyum Son of Late Shekh Chokat @ Late Shekh Sarif village-
                 Khairatiya Baladiha, Ward no. 06, Siswa Bhuinhar, Ps- Nawalpur, Dist- West
                 Champaran

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Shikh Rizwan Son of Late Sheikh kalam village- Pokhariya Rai, Ps-
                 chanpatiya, Dist- West Chamaparan
           3.    Asmin Khatoon Wife of Late Seikh Kalam village- Pokhariya Rai, Ps-
                 chanpatiya, Dist- West Chamaparan

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Umesh Kumar Gupta, Advocate
                 For the State            :      Mr. Rajendra Prasad Nat, APP
                 For the Opp. Parties     :      Mr. Avinash Raj, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   10-04-2026                  Heard learned counsel for the petitioner, learned APP

                   for the State and learned counsel for the opposite parties.

                                2. The petitioner has prayed for quashing the order

                   taking cognizance dated 04.10.2024 passed by the learned

                   Additional District and Sessions Judge-V, Bettiah, West

                   Champaran, in connection with Sessions Case No. 242 of 2023

                   (arising out of Chanpatia P.S. Case No. 552 of 2022) for the

                   offences under Sections 319(1)(2) of the Cr. P.C., whereby the

                   petition     of      informant/petitioner      has    been     rejected      for

                   summoning the opposite parties as an accused.

                                3. As per the prosecution case, the marriage of the
Patna High Court CR. MISC. No.16785 of 2025(2) dt.10-04-2026
                                            2/3




          informant’s/petitioner’s daughter, namely Sabnam Khatoon, was

          solemnized with one Sheikh Arman in the year 2022 as per

          Muslim rites and customs. After a few months, all the accused

          persons started torturing her mentally and physically due to non-

          fulfilment of dowry demands. On 23.10.2022, the informant

          received information that Asmin Khatoon (sister-in-law of the

          deceased), Sheikh Rizwan (brother-in-law of the deceased),

          Shahjahan Khatoon (mother-in-law of the deceased), including

          Sheikh Arman (husband of the deceased), had strangulated his

          daughter to death under a conspiracy. Upon hearing this, the

          informant, along with his family members, reached the

          matrimonial home of the deceased, where he found that they

          were trying to conceal the dead body. When he objected,

          accused Shahjahan Khatoon began arguing with the informant.

          Consequently, the informant immediately reported the matter to

          the local police station, Chanpatia, after which the police

          arrived at the crime scene and took custody of the dead body.

                       4. Learned counsel for the petitioner has submitted

          that there are sufficient grounds to summon O.P. Nos. 2 and 3,

          who are the brother-in-law and sisters-in-law of the deceased.

                       5. Learned counsel for the opposite parties has

          submitted that O.P. Nos. 2 and 3 were named in the FIR;
              Patna High Court CR. MISC. No.16785 of 2025(2) dt.10-04-2026
                                                          3/3




                        however, after a thorough investigation, the allegations were not

                        found to be true against them, and the findings of the

                        investigation were accepted by the learned Magistrate.

                        Accordingly, no cognizance was taken against them. Moreover,

                        the order by which the learned Magistrate did not take

                        cognizance against the O.P. Nos. 2 and 3, was never challenged.

                                     6. Having heard learned counsel for the parties and upon

                        perusal of the records, this Court finds no ground to interfere with the

                        impugned order dated 04.10.2024. Accordingly, the present

                        application is dismissed.



                                                   (Praveen Kumar, J)
Jyoti/-

U         T


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