Patna High Court
Ram Prit Yadav and AnrversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition is disposed of, granting the petitioners liberty to raise all points before the trial court.
Summary
The petitioners, Ram Prit Yadav and Girija Devi, filed an application seeking to quash the order dated 29-06-2017 of the Sub‑Divisional Judicial Magistrate, Sheikhpura, which had found a prima facie case under Section 498A of the IPC and Section 4 of the Dowry Prohibition Act. They argued that the matter could be dealt with at the appropriate stage before the trial court. The State, represented by an A.P.P., raised no objection to the petitioners' request. The Hon’ble Justice Sunil Dutta Mishra, after hearing counsel, disposed of the petition, granting the petitioners liberty to raise all points before the trial court. Consequently, the order of the lower magistrate was not quashed, but the petition was dismissed with liberty to proceed in the trial court.
Issues considered
- What is the appropriate remedy for a petition seeking quash of a magistrate's order finding a prima facie case under Section 498A IPC and Section 4 Dowry Prohibition Act?
Legislation cited
- Dowry Prohibition Act — s. 4
- Indian Penal Code — s. 498A
Subjects
- Criminal Law
- Section 498A IPC
- Dowry Prohibition Act
- Quash Petition
- Trial Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65153 of 2018
Arising Out of PS. Case No.-158 Year-2017 Thana- SHEKHPURA COMPLAINT CASE
District- Sheikhpura
======================================================
1. Ram Prit Yadav Son of Late Jichhu Yadav,
2. Girija Devi, W/o Ram Prit Yadav, Resident of Mohalla- Girihinda Professor
Colony, P.S. and District- Sheikhpura.
... ... Petitioner/s
Versus
1. State Of Bihar
2. Lalati Devi, W/o Rupesh Yadav, Resident of Mohalla- Girihinda Professor
Colony, P.S. and District- Sheikhpura.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dr. Anjani Pd. Singh, Advocate
For the Opposite Party/s : Mr. S.M. Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 04-05-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. This application has been filed for quashing the
order dated 29.06.2017 passed by learned Sub-Divisional
Judicial Magistrate, Sheikhpura in Complaint Case No.158C of
2017 whereby and whereunder the court concerned found prima
facie case under Section 498A of I.P.C. and Section 4 of Dowry
Prohibition Act.
3.Learned counsel for the petitioners submits that this
case may be disposed of with liberty to the petitioners to take all
the points raised in the petition, before the learned Trial Court at
Patna High Court CR. MISC. No.65153 of 2018(3) dt.04-05-2026
2/2
appropriate stage.
4. Learned APP for the State has no objection to this
prayer of the petitioners.
5. In view of the above submission, this petition is
disposed of with the liberty as prayed for.
(Sunil Dutta Mishra, J)
Harish/-
U T
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