Wednesday, August 14, 2013

Patna HC NOT willing to quash even IF wife is allegd NOT legally wedded. Says facts to be verified by trial court ! One more example showing why quash is tough in some jurisdictions


Patna HC NOT willing to quash even IF wife is NOT legally wedded etc. Says facts to be verified by trial court ! One more example showing why quash is tough in some jurisdictions

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IN THE HIGH COURT OF JUDICATURE AT PATNA 

Criminal Miscellaneous No.7228 of 2013 

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Dipak Kumar, S/O Rameshwar Singh, Resident Of Village- Bajruhan, Police Station- Udwantnagar, District- Bhojpur **** **** Petitioner/s

Versus

1. The State Of Bihar

2. Shyamlata @ Dimpy, D/O Rameshwar Singh alias Yogendra Singh R/O Kothia, P.S. Didarganj, District- Patna City. **** **** Opposite Party/s

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Appearance :

For the Petitioner/s : Mr. Satish Kumar Singh, Advocate. 
For the O. P. No.2 : Mr. Arbind Kumar, Advocate. 
For the State : Mr. Binod Kumar No.III, A.P.P. 

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CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY 

ORAL ORDER

07-08-2013 

Heard learned counsel for the petitioner and learned counsel for the State as well as opposite party no.2. 

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This application has been filed for quashing the First Information Report of Saharsa Sadar P.S. Case No.592 of 2012, G.R. No.2148 of 2012 registered under Sections 323, 504 and 498A of the Indian Penal Code. 

Learned counsel for the petitioner submits that informant is not the legally wedded wife. 

At this stage this Court is not inclined to interfere with quashing of the First Information Report. So far the factum of marriage is concerned, it can only be tested at the stage of trial. The petitioner will be at liberty to raise all points before the court below at the appropriate stage. 

Accordingly this application is dismissed with the aforesaid observation.


(Shivaji Pandey, J)


Vinay/- 



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This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon. Some notes are made by Vinayak. This is a free service provided by Vinayak (pen name). Vinayak is a member of SIF - Save Indian Family Foundation. SIF is committed to fighting FALSE dowry cases and elder abuse. SIF supports gender equality and a fair treatment of law abiding Indian men. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog or write to e _ vinayak @ yahoo . com (please remove spaces). Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.
 
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Vinayak
Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn't given up, Male, activist