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Patna High Court

Md. Basir Khan and OrsversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The application for quashing the order was disposed of, with a direction to the trial court to expedite the trial.

Summary

The petitioners, members of the Basir Khan family, filed an application seeking to quash a 15 September 2009 order that had taken cognizance against them under Section 498A of the Indian Penal Code and Section 3 of the Dowry Prohibition Act. They further requested that the trial court be directed to expedite the pending trial. The State of Bihar, represented by an Additional Public Prosecutor, raised no objection to the petitioners' request. The High Court, after hearing counsel for both sides, disposed of the application and ordered the trial court to speed up the trial proceedings. No substantive merits of the criminal charges were addressed; the order merely dealt with procedural acceleration of the case.

Issues considered

  • Whether the order dated 15‑09‑2009 taking cognizance under Section 498A IPC and Section 3 D.P. Act should be quashed
  • Whether the trial court should be directed to expedite the trial of the pending criminal case

Legislation cited

Subjects

  • quash order
  • Section 498A
  • Dowry Prohibition Act
  • expedition of trial
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18025 of 2018
                  Arising Out of PS. Case No.-339 Year-2009 Thana- COMPLAINT CASE District- Jamui
                 ======================================================
           1.     Md. Basir Khan S/o Late Idu Khan,
           2.    Sahjadi Khatoon W/o Md. Basir Khan,
           3.    Ajmeri Khatoon D/o Md. Basir Khan,
           4.    Praveen Khatoon D/o Md. Basir Khan,
           5.    Md. Guljar Khan @ Md. Guljar S/o Md. Basir Khan,
           6.    Md. Amjad Khan @ Md. Amjad S/o Md. Basir Khan,
                 All R/o Village- Kamasi, P.S.- Sheikhpura, District- Sheikhpura.

                                                                                ... ... Petitioner/s
                                                      Versus
           1.    State of Bihar
           2.    Jographiya Khatoon @ Munni Khatoon W/o Md. Akram, R/o Village-
                 Kamasi, P.S. and District- Sheikhpura. At present D/o Late Khali Khan , R/o
                 Village- Dinnagar, P.S.- Chandradeep, District- Jamui.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Dhananjay Mishra, Advocate
                 For the State          :        Mr. Shantanu Kumar, APP
                 For O.P. No.2          :        Mr. Pawan Kumar Singh, Advocate
                                                 Mr. Binod Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

4   30-01-2026                 Heard learned counsel for the petitioners, learned

                   counsel for O.P. No.2 and learned A.P.P. for the State.

                               2. This application has been for filed for quashing of

                   order dated 15.09.2009 arising out of Complaint Case

                   No.339(C) of 2009 whereby and whereunder learned S.D.J.M.,

                   Jamui took cognizance against the petitioners under Sections

                   498A of I.P.C. and ¾ of the D.P. Act.

                               3. After some argument, learned counsel for the
           Patna High Court CR. MISC. No.18025 of 2018(4) dt.30-01-2026
                                                       2/2




                     petitioners submits that this case may be disposed of with a

                     direction to the learned trial court to expedite the trial of the

                     case and the petitioners shall assist the court in this regard.

                                4. Learned A.P.P. for the State has no objection to this

                     prayer of the petitioners.

                                 5. In view of the submission of the learned counsel for

                     the petitioners, this application is disposed of with a direction to

                     the learned trial court to expedite the trial of the case.



                                             (Sunil Dutta Mishra, J)
Harish/-

U      T


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