Patna High Court
Saddam Hussain @ Raja vs The State Of Bihar on 12 August, 2024
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL REVISION No 20 of 2020
Arising Out of PS. Case No.- Year-0 Thana- District- Buxar
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1. Saddam Hussain @ Raja Son of Sahabuddin Ansari Resident of Village -
Sonbarsa, P.S.- Buxar (Ind), Distt.- Buxar.
2. Sahabuddin Ansari Son of Late Ram Dayan Resident of Village - Sonbarsa,
P.S.- Buxar (Ind), Distt.- Buxar.
3. Jamuni Bibi W/o Sahabuddin Ansari Resident of Village - Sonbarsa, P.S.-
Buxar (Ind), Distt.- Buxar.
4. Nusarat Bibi D/o Sahabuddin Ansari Resident of Village - Sonbarsa, P.S.-
Buxar (Ind), Distt.- Buxar.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Rabiya Bibi @ Rabiya Khatoon Wife of Saddam Hussain @ Raja, D/O Md.
Israil Resident of Village - Khanke Simari, P.S.- Dawath (Rohtas), Distt.-
Rohtas (Sasaram). At Present R/O Radhanath Choudhary Road, Tangra
Intali, Kolkata, West Bengal.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Bachan Jee Ojha
For the Respondent/s : Mr.Chandra Bhushan Prasad
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CORAM: HONOURABLE MR JUSTICE ARVIND SINGH CHANDEL
ORAL JUDGMENT
Date : 12-08-2024
This revision petition has been preferred against the
order dated 05.11.2019 passed in Cr Appeal No 41 of 2018 by the
learned Additional Sessions Judge III, Buxar whereby the learned
appellate Court set aside the order dated 16.05.2018 passed in
Miscellaneous Case No 14 of 2017 by the learned ACJM IV,
Buxar and remanded the same.
Patna High Court CR. REV. No.20 of 2020 dt.12-08-2024
2/3
2 Opposite party No 2 had filed a complaint case under
Section 12 of the Domestic Violence Act before the learned CJM,
Buxar being Complaint Case No 1248 (C) of 2015. Subsequently,
it was transferred to the Court of the learned ACJM IV and the
learned ACJM IV passed the final order on 16.05.2018. The final
order contains direction under Sections 18, 19, 20 and 22 of the
Protection of Women from Domestic Violence Act. Thereafter, the
complainant filed a Cr Misc Case No 14 of 2017 on 30.08.2017
alleging therein that the opposite party-husband and other in-laws'
family members have not complied wih the order dated 16.11.2016
and action under Sections 31 and 32 of Protection of Women from
Domestic Violence Act was also sought by the complainant. After
hearing the parties, the learned ACJM arrived on the conclusion
that the order dated 16.11.2016 has been duly complied with and
disposed of the said Miscellaneous Case No 14 of 2017 vide order
dated 16.05.2018. Being aggrieved with the said order, the appeal
has been preferred by opposite party No 2 which has been allowed
by the learned appellate Court vide its impugned order dated
05.11.2019
and the matter has been remitted back to the learned
ACJM IV, Buxar.
3 I have heard counsel for both the parties, perused the
impugned order as well as other materials available on record.
Patna High Court CR. REV. No.20 of 2020 dt.12-08-2024
4 Bare perusal of paragraph 8 of the impugned order
clearly shows that in Miscellaneous Case No 14 of 2017, the
learned ACJM IV called for a report from the Women Protection
Officer as well as from concerned Police Station but without
obtaining the said report, the learned lower Court has passed the
final order. Hence, on this ground and on other various grounds,
the learned appellate Court set aside the order dated 16.05.2018
and the matter has been remitted back to the lower Court with a
direction to examine the appellant (applicant) and also to receive
all evidences in enquiry produced by the appellant and then to pass
an order on the point of cognizance.
5 The above order passed by the learned appellate Court
is a well reasoned order.
6 I do not find any infirmity/illegality in the said order.
7 Accordingly, this revision petition is liable to and is
hereby dismissed at this stage itself, having no merit.
(Arvind Singh Chandel, J)
M.E.H./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 20.08.2024
Transmission Date 20.08.2024
