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Durga Devi, W/o Late Satyanarayan vs The State of Bihar

Patna High Court · Decided on 11 September 2017 · Citation: (2017) 09 PAT CK 0017

HON’BLE JUDGES
Ashwani Kumar Singh
ACTS & SECTIONS REFERRED
<a href=3863>Code of Criminal Procedure, 1973</a>, <a href=3863-482>Section 482</a> - Saving of inherent powers of High Court · <a href=1767>Indian Penal Code, 1860</a>, <a href=1767-498-A>Section 498-A</a> - · <a href=1454>Dowry Prohibiti
RESULT
Dismissed
CASE NUMBER
35062 of 2017
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Judgment

22 paragraphs · 197 words
1.

This application under Section 482 of the Code of

Criminal Procedure (for short ''Cr. P.C.'') has been filed for quashing

of the order dated 12.06.2017 passed by the learned Sub-Divisional

Judicial Magistrate, East, Muzaffarpur in connection with Complaint

Case No. C-252 of 2017, Tr. No.2595 of 2017 by which finding a

prima facie case to be made out under Section 498-A of the Indian

Penal Code and Section 4 of the Dowry Prohibition Act, 1961, the

petitioners have been summoned to face trial.

2.

I have heard learned counsel for the petitioners

and perused the materials available on record.

3.

In the complaint petition, there is specific

allegation against the petitioners to have subjected the complainant to

cruelty in various ways for non-fulfilment of demand of dowry of

Rs.3 lakhs.

4.

The allegations made in the complaint have duly

been supported by the complainant in her statement made on solemn

affirmation and, besides the complainant, certain witnesses examined

in course of inquiry, have also supported the allegations made in the

complaint.

5.

In that view of the matter, I see no illegality in the

order impugned. Accordingly, the application being devoid of any

merit, is dismissed.