LAWS(PAT)-2017-9-44

SHIV SHANKAR DUBEY Vs. STATE OF BIHAR

Decided On September 13, 2017
Shiv Shankar Dubey Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard Sri Yogesh Chandra Verma, learned Senior counsel as well as learned counsel representing the petitioners, learned counsel representing the complainant/Opposite Party No. 2 and learned Additional Public Prosecutor for the State.

(2.) The petitioners, in the present case, are seeking quashing of the order taking cognizance dated 15.04.2013 passed in Complaint Case No. 662/2012 by learned SubDivisional Judicial Magistrate, Sasaram (Rohtas) by which learned Magistrate has taken cognizance of the offence under Section 406 IPC read with Section 4 of the Dowry Prohibition Act, 1961.

(3.) Learned Senior counsel representing the petitioners would submit that from perusal of the complaint petition, which is annexure-1 to the present application, it would appear that due to failure of negotiation for marriage between the daughter of the complainant and the accused no. 1 namely, Satyendra Dubey, the present complaint has been brought with false and flimsy allegations.