Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.352 of 2012 ====================================================== Md. Ayub & Ors. .... .... Petitioners Versus The State Of Bihar & Anr. .... .... Respondents ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 14-09-2012 The present application has been filed under Articles 226 and 227 of the Constitution of India. A prayer has been made to direct the learned Sub Divisional Judicial Magistrate to dispose of the applications dated 19.08.2011 and 10.12.2011 filed by the petitioners in Complaint Case No.1043C of 2008, A complaint case was filed on 15.07.2008 by the complainant under [STATUTE] and 3 and 4 of the Dowry Prohibition Act. In that case, the complainant was examined on solemn affirmation and apart from the complainant three other witnesses were examined under Section 202 of the Code of Criminal Procedure in course of enquiry. The court below took cognizance of offence under [STATUTE] against altogether eight accused persons including the six petitioners and summoned them to face trial. The petitioners are on bail. The two other accused Patna High Court CR. WJC No.352 of 2012 (2) dt.14-09-2012 2 persons have yet not appeared in the case despite orders passed under Sections 82 and 83 of the Code of Criminal Procedure by the court below. The petitioners filed two petitions, one on 10.08.2001 and the other on 10.12.2011 with a prayer to split up their case from the absconding accused persons but till date no order has been passed on the aforesaid petitions filed on behalf of the petitioners. Learned counsel for the petitioners submits that due to non-appearance of the co-accused persons, the petitioners cannot be compelled to attend the proceedings in the court below for an indefinite period. I find substance in his submission. In that view of the matter, I direct the learned Sub Divisional Judicial Magistrate, Saharsa to dispose of the applications dated 19.08.2011 and 10.12.2011 filed on behalf of the petitioners without any unnecessary delay. With this observation, the writ petition is disposed of. The order may be communicated to the learned Sub Divisional Judicial Magistrate, Saharsa in Complaint Case No.1043C of 2008 through fax at the cost of the petitioners. B.Kr./- (Ashwani Kumar Singh, J)

Applicable IPC Section: 341

Statute Text:
Section 341 of the Indian Penal Code. Wrongfully restraining any person. Whoever wrongfully restrains any person shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.