Himanshu Raj vs The State Of Bihar
2023 Latest Caselaw 5390 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No.23182 of 2023
         Arising Out of PS. Case No.-35 Year-2022 Thana- RANIYATALAB District- Patna
     ======================================================

1. Himanshu Raj Son Of Late Sharwan Kumar R/O Village- Bithra, P.S.-

Kurtha, District- Arwal, Presently Posted At Bank Of Baroda, Zonal Office, 16, Janpath, Connaught Place, P.S.- Connaught Place, New Delhi- 110001

2. Priyank Raj Son Of Late Shravan Kumar R/O Village- Bithra, P.S.- Kurtha, District- Arwal

3. Ritika Raj D/O Late Shravan Kumar R/O Village- Bithra, P.S.- Kurtha, District- Arwal

4. Ruchi Shekhar @ Babli Wife Of Alok Nand Bihari @ Shambhu R/O Village- Chesi, Post Office- Naubatpur, P.S.- Naubatpur, District- Patna

5. Alok Nand Bihari @ Shambhu Son Of Late Mundrika Singh R/O Village-

Chesi, Post Office- Naubatpur, P.S.- Naubatpur, District- Patna

... ... Petitioner/s Versus

1. The State of Bihar

2. Banti Kumari Wife Of Himanshu Raj, D/O Sri Niwas Singh R/O Village-

Chotkipapura, P.S.- Rani Talab, District- Patna

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.Prabhakar Nath Rai, Adv For the Opposite Party/s : Mr.Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL JUDGMENT Date : 17-10-2023 The present application under section 482 of the CrPC

has been filed seeking quashing of Rani Talab P.S. Case No. 35

of 2022 registered for the offences punishable under Sections-

323, 341,498(A), 504, 506 r/w section 3/4 of the Dowry

Prohibition Act, 1961.

2. The petitioner no. 1 is the husband of the opposite

party no. 2 whereas other petitioners are closely related to Patna High Court CR. MISC. No.23182 of 2023 dt.17-10-2023

petitioner no. 1.

3. Learned counsel appearing on behalf of petitioners

has drawn this Court's attention to the contents of the FIR to

contend that they are totally false and the story is concocted.

The petitioner no. 1 as a matter of fact, was undergoing

treatment for his ailments during the period in relation to which

the allegations have been made of physical torture. She has also

submitted that it is a matrimonial dispute between the petitioner

no. 1 and opposite party no. 2 which has resulted into

registration of false FIR not only against petitioner no. 1 but

against all of his family members. She has also argued that there

has been no compliance of Section 41 of the CrPC, in the

present case.

4. Be that as it may, upon perusal of the FIR, it can be

easily seen that cognizable offence is made out. The FIR, in

such circumstance, cannot be quashed exercising jurisdiction

under section 482 of the CrPC. The petitioners shall, however,

be at liberty to bring to the notice of the investigating agency

the facts to justify their stand. This Court does not find any

reason why the investigating officer shall not look into the

defence of the petitioners during the course of investigation in

the interest of a just and fair investigation.

Patna High Court CR. MISC. No.23182 of 2023 dt.17-10-2023

5. This application is, accordingly, dismissed with the

observations as noted above.

(Chakradhari Sharan Singh, J) ranjan/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          19.10.2023
Transmission Date       19.10.2023