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Judgment
L. Narasimha Reddy, C.J. (Oral) - This is a totally misconceived petition. On the basis of a complaint submitted in the police station, alleging offences punishable under Section 304B and other provisions of the Indian Penal Code, the case is being tried by the Court of Additional District & Sessions Judge-cum-Fast Track Court-V, Samastipur as Sessions Trial No.312 of 2007.
The complainant is examined as P.W.1. It appears that the said witness turned hostile. On the basis of that, the present petition under Section 482 of the Code of Criminal Procedure is filed, with a prayer to quash the F.I.R., being Rosera P.S. Case No.70 of 2001, itself.
Heard learned counsel for the petitioner and the learned A.P.P. for the State.
It is just an un-understandable as to how; an F.I.R. can be quashed, when the trial of the case is in progress.
The petitioner has committed the gross misuse of the process of the Court. On account of the stay granted herein, the further proceedings in the case were stayed. The petition is dismissed.
The trial Court shall take up the matter forthwith and proceed further.