Patna High Court
PRABHU NATH PANDEYversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ANSUL
Holding
The petition to quash the order of cognizance is dismissed.
Summary
The petitioners, four members of the Pandey family, filed a petition seeking to quash the order of cognizance dated 17‑02‑2017 issued by the Additional Chief Judicial Magistrate‑VIII, Siwan, in connection with a 2012 case involving offences under Sections 304(b), 201, 34 of the Indian Penal Code and Sections 3, 4 of the Dowry Prohibition Act. The FIR had originally been lodged against the husband, who was later exonerated because he was appearing for examinations, and the charge sheet was filed against the petitioners. The allegation against the petitioners was that they disposed of the dead body to conceal the cause of death. The High Court held that such alleged conduct does not merit any indulgence and dismissed the petition, directing the trial court to expedite the trial and conclude it within six months.
Issues considered
- Whether the order of cognizance dated 17‑02‑2017 can be quashed on the ground that the petitioners were not the original accused in the FIR
- Whether the alleged disposal of the dead body by the petitioners warrants dismissal of the criminal proceedings
Legislation cited
- Dowry Prohibition Act, 1961 — s. 3, 4
- Indian Penal Code — s. 201, 304(b), 34
Subjects
- Criminal Procedure
- Murder
- Dowry Death
- Obstruction of Justice
- Quash of Cognizance
- Expedited Trial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68571 of 2022
Arising out of PS. Case No.-135 Year-2012 Thana- RAGHUNATHPUR District- Siwan
======================================================
1. Prabhu Nath Pandey Son of late Ram Raj Pandey R/V- Dighwaliya, P.S-
Raghunathpur, Dist- Siwan
2. Tarkeshwar Pandey Son of Shri Parasnath Pandey R/V- Dighwaliya, P.S-
Raghunathpur, Dist- Siwan
3. Ramapati Pandey Son of Shri Parasnath Pandey R/V- Dighwaliya, P.S-
Raghunathpur, Dist- Siwan
4. Sabhapati Pandey Son of Shri Parasnath Pandey R/V- Dighwaliya, P.S-
Raghunathpur, Dist- Siwan
... ... Petitioner/s
Versus
1. The State of Bihar
2. Abhinash Chandra Upadhya Son of Sri Dayanand Upadhyay R/V- Banpura
Ke Tola, presently living at Pakawainar, P.S- Rasulpur, Dist- Saran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Awadhesh Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Narendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
3 14-05-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. Petitioner seeks quashing of the order of
cognizance dated 17.02.2017 passed by learned Additional
Chief Judicial Magistrate-VIII, Siwan in connection with
Raghunathpur P.S. Case No. 135 of 2012 for the offences under
Sections 304(B) and 201/34 of the IPC and Section 3/4 of
Dowry Prohibition Act.
3. The FIR was lodged against the husband and these
Patna High Court CR. MISC. No.68571 of 2022(3) dt.14-05-2026
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petitioners. Since the husband was appearing in examination he
was exonerated and final report was submitted against him.
Cognizance was taken against these petitioners.
4. The allegation is that these petitioners were
involved in disposing of the dead body so that the cause of death
could not be ascertained. This does not entitle the petitioners
from the indulgence of the court. Accordingly, the present
petition stands dismissed.
5. The Trial Court is directed to expedite the trial and
conclude the trial within a period of six months.
(Ansul, J)
Vikash/-
U T
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