IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22765 of 2007 ASHOK KUMAR, Son of Late Ramu Modi, of Mohalla-Shankashai, Road No.4, Dimara, Road Mango, P.S. Olidih, District- Jamshedpur(East Singhbhum) at present and permanent address of Village-Nethadih, P.O. Panchan, P.S. Mananpur, District- Lakhisarai(Bihar). ………………………………………….Petitioner. Versus 1. THE STATE OF BIHAR . 2. Sharda Kumari, Wife of Jitendra Kumar Sinha, Daughter of Krishna Mohan Das, Mohalla-Naya Bazar, Pachana Road, Kawapuri Mohalla, District-Lakhisarai(Bihar). ………..Opposite Parties. ----------- For the Petitioner : Mr. Prem Prakash, Advocate. For the State : Dr. Mayanand Jha, A.P.P. For O.P. No.2 : None. ------------- 4. 15.10.2008. Heard the learned counsel for the petitioner as also the learned A.P.P. for the State. Although O.P. No.2, the complainant, had appeared by filing vakalatnama, none is present in Court to contest this application. Through this application, the petitioner seeks the quashing of the complaint case bearing No.105(C) of 2007. The submission on behalf of the petitioner is that prior to the filing of the complaint petition the petitioner being the father-in-law had already filed an informatory petition before the Sub Divisional Officer, Jamshedpur, and that this complaint has been filed by his daughter-in-law, Sharda Kumari, at Lakhisarai, wherein although the allegations under Sections 498-A, 406 I.P.C. and 3/4 of the Dowry Prohibition Act have been made out, curiously her husband has not been impleaded as a party. Unfortunately, there is no mention as to what action has been taken on the complaint petition. That apart the filing of the informatory - 2 - petition before he Sub Divisional Officer, Jamshedpur, is the apparent defence of the petitioner which cannot be looked into in a proceeding under Section 482 Cr.P.C. Apparently, this application is pre-mature and misconceived and is accordingly dismissed. P.S. (Abhijit Sinha,J)