Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.23461 of 2012 ====================================================== Rajesh Kumar Yadav, son of Baleshwar Yadav, resident of Village- Kadhaiya, Police Station-Sour Bazar, District-Saharsa .... .... Petitioner/s Versus 1. The State of Bihar 2. Babita Devi, daughter of Late Jhakas Rajak, resident of Village- Kadhaiya Tola Rahimpur, Bharna, Police Station-Sour Bazar, District- Rohtas .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER ------------ 2 17-10-2012 Heard learned counsel for the petitioner and Sri Shyam Bihari Singh, learned Addl. Public Prosecutor. The present petition has been filed for restoring Cr.Misc.No.24800 of 2009, which stood dismissed due to non- prosecution on 04.04.2012. The present petition has been placed along with Cr.Misc.No.24800 of 2009. Before passing any order on restoration petition, learned counsel for the petitioner was allowed to address the court on merit of Cr.Misc.No.24800 of 2009, so that if the Court is satisfied that there is no ground for interference with the impugned order in the main case, it would be futile exercise in passing any order for restoring the case. It was submitted by learned counsel for the petitioner that Opp.Party no.2 had earlier also filed cases against other persons. However, in the present case at the stage of charge, petition under Section 227 of Patna High Court Cr.Misc. No.23461 of 2012 (2) dt.17-10-2012 2 / 2 2 the Code of Criminal Procedure was filed for discharge of the petitioner, which stood dismissed on 12.06.2008 and after almost about one year i.e. on 25.05.2009 charge against the petitioner was framed for the offence under [STATUTE] and 3 (1)(x) of the SC/ST Act. In the present petition, the petitioner has prayed for quashing of order of framing of charge. The Court is of the opinion that after framing of charge, trial commences and after commencement of the trial, it would not be advisable for this Court to exercise power under Section 482 of the Code of Criminal Procedure and to prevent the trial from proceeding with the case and, as such, there is no point for passing any favourable order on restoration petition. The petition stands dismissed. NKS/- (Rakesh Kumar, J)

Applicable IPC Section: 498A

Statute Text:
Section 498A of the Indian Penal Code. Punishment for subjecting a married woman to Cruelty. Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.