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2014 DIGILAW 1259 (PAT)

Priya Ranjan Das @ Sekhar Kumar @ Sekhar v. State of Bihar

2014-12-18

ASHUTOSH KUMAR

body2014
ORDER : Heard Mr. Rajendra Narayan, learned Senior Advocate for the petitioner and Mr. Shiwesh Chandra Mishra, learned counsel for the opposite party no. 2. The state is being represented by Mr. Jharkhandi Upadhyay. 2. Mr. Rajendra Narayan, learned Sr. Advocate submits that after the order of cognizance, the stage of the case has not changed. 3. The petitioner seeks quashing of the order dated 04.04.2011 passed by the learned S.D.J.M., Bhagalpur in connection with Ishakchak P.S. Case No. 410 of 2010, whereby cognizance has been taken under Sections 498A, 341, 323, 379/34 read with Section ¾ of the Dowry Prohibition Act. 4. Learned counsel for the petitioner submits that but for his name having been taken by the informant-opposite party no. 2 at one place in the First Information Report, there is no other accusation as against him. 5. With reference to the averments made in the First Information Report, Mr. Rajendra Narayan, learned Sr. Advocate, submits that even the parentage of the petitioner was not known to the informant. There is a matrimonial dispute between opposite party no. 2 and her husband. She has alleged acts of assault, physical and mental torture as against her husband, parents-in-law and other relatives of the husband. So far as petitioner is concerned, it has been alleged that when her father had come to her matrimonial home for interceding with the accused persons, he was caught hold of by the accused persons. In that context, there is a vague reference of the petitioner as having participated in catching hold of the father of the informant. 6. Considering the vagueness of the allegation so far as the petitioner is concerned, as the fact that he is distantly related to the family of the husband of the opposite party no. 2, the implication of the petitioner in the present case appears to be for purposes other than seeking justice. 7. The order taking cognizance dated 04.04.2011 is not sustainable in the eyes of law so far as the petitioner is concerned. The same is set aside. 8. The application stands allowed.