Kailash AgrawalversusState Of Bihar and Anr

                      IN THE HIGH COURT OF JUDICATURE AT PATNA

                              CRIMINAL MISCELLANEOUS No.26508 of 2016
                  Arising Out of PS. Case No.-694 Year-2015 Thana- MUZFFARPUR COMPLAINT CASE
                                                   District- Muzaffarpur
                 ======================================================
                 Kailash Agrawal S/o Ridh Karan Agarwal, resident of 146, Aadi Nath Society,
                 V.I.P. Road, P.S- Karelibagh, P.O- G.P.O. Baroda, District- Baroda, Gujrat,
                 Pin- 390018.

                                                                            ... ... Petitioner/s
                                                   Versus
           1.    State Of Bihar
           2.    Sonal Agrawal, wife of Kailash Agrawal, D/o Om Prakash Jalan, resident of
                 146, Aadi Nath Society, P.O.- G.P.O. Behind Bright School, V.I.P. Road,
                 Baroda P.S. Karelibagh District- Baroda Gujrat- 390018. At present D/o Om
                 Prakash Jalan, resident of Sriman Srimati, P.S.- Ramma District-
                 Muzaffarpur, Pin- 842002.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Saket Tiwary, Adv.
                 For the Opposite Party/s :    Mr. Sri Uma Shankar Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

3   30-01-2026                    The instant petition has been filed under section 482

                   of the Code of Criminal Procedure (in short ‘Cr.P.C’) with a

                   prayer to quash the order dated 04.06.2015 passed in Complaint

                   Case No. 694 of 2015 by the learned Sub-divisional Judicial

                   Magistrate (East), Muzaffarpur whereby cognizance of the

                   offences punishable under section 498A of the IPC and sections

                   3 and 4 of the Dowry Prohibition Act has been taken and the

                   petitioner has been summoned for the said offences.

                                2. The main submissions advanced by the petitioner’s

                   counsel are that the petitioner’s marriage with the complainant
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          (O.P. No.2) took place in the year 2004 while the Complaint

          Case was lodged by the O.P. No.2 in the year 2015 and on that

          very date of the institution of the Complaint Case, a Divorce

          Case was also filed before the Principal Judge, Family Court,

          Muzaffarpur bearing Matrimonial Case No. 106 of 2015 and in

          the present time, the O.P. No.2 has entered into matrimonial

          relationship with another person after getting divorce in the said

          matrimonial case. It is further submitted that there is nothing

          even prima facie to show the commission of the alleged

          offences for which cognizance has been taken.

                       3. Learned APP appearing for the State has submitted

          that as per report sent by the trial court, the petitioner’s case is at

          the stage of recording his statement under section 313 of the

          Cr.P.C. which shows that his case is at the verge of end.

                       4. Heard both the sides.

                       5. As the petitioner’s case is running for recording his

          statement under section 313 of the Cr.P.C., so, at this stage it

          will not be proper to examine the appropriateness of the order of

          cognizance of the alleged offences as in the present time, all the

          evidences adduced by the prosecution are already available

          before the trial court and the same will be looked into by the

          trial court itself at the time of final hearing. Accordingly, this
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                      court finds the instant petition to be infructuous and the same

                      stands dismissed.



                                                (Shailendra Singh, J)
BKS/-

U       T