Case Facts:
Patna High Court CR. WJC No.963 of 2011 (4) dt.25-06-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.963 of 2011 ====================================================== Aman Gupta & Ors .... .... Petitioners Versus The State Of Bihar & Ors .... .... Respondents ====================================================== Appearance : For the Petitioners : Mr. Bibhuti Prasad Pandey, Senior Advocate. For the Respondents : Mr. Rana Pratap Singh, Senior Advocate & Mr. Prafull Chandra Jha, Advocate. For the State : Mr. Vijay Bharti, AC to SC-26. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 4 25-06-2012 Heard Sri Bibhuti Prasad Pandey, learned senior counsel appearing on behalf of the petitioners, Sri Rana Pratap Singh, learned senior counsel appearing on behalf of respondent no.4 and Sri Vijay Bharti learned AC to SC-26. Learned counsel for the petitioners at the outset submits that initially the writ petition was filed with a prayer to quash the investigation and the FIR of Kotwali (Tilkamanjhi) Bhagalpur P.S.Case No.124 of 2011 dated 06.03.2011 registered under [STATUTE] as well as Section 3 and 4 of the Dowry Prohibition Act but during pendency of the writ petition the police has concluded the investigation and submitted its report in the court pursuant to which the court below has already taken cognizance of the offence. He submits that an Interlocutory Application being Patna High Court CR. WJC No.963 of 2011 (4) dt.25-06-2012 I.A.No.300 of 2012 has already been filed in this case for making amendment in prayer by which he intends to challenge the order taking cognizance of the offence. In my view, the prayer made in the Interlocutory Application cannot be allowed. There is statutory remedy available in law for challenging a judicial order passed by a Magistrate. The petitioners, if so advised, may challenge the order taking cognizance of the offence in an appropriate proceeding in accordance with law. With this liberty, the writ application as also Interlocutory Application no.300 of 2012 are disposed of. The interim order dated 19.10.2011 stands vacated. B.Kr./- (Ashwani Kumar Singh, 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.