IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.53026 of 2008 Indu Bhushan Prasad Versus State Of Bihar & Ors ----------- 2 24.08.2011 This application has been filed under Section 482 Cr.P.C for quashing the order dated 02.06.2007 passed by the S.D.J.M, Sadar Motihari in Complaint Case No. 2390 of 2006, Tr. No. 3245 of 2008 summoning the accused/petitioner under Section 204 Cr. P.C finding prima facie case under Section 498(A) I. P.C Learned counsel appearing on behalf of the petitioner submits that the complainant Veena Kumari, who is the wife of the petitioner, has filed this Complaint Case only with a view to put pressure on the petitioner so that he may give his consent in divorce case as filed by her after 15 years of marriage as she does not want to live with her husband- petitioner. It appears from the impugned order that the learned S.D.J.M on perusal of the complaint petition and the statement of the witnesses arrived at conclusion that prima facie case under Section 498A I.P.C is made out against the accused/ petitioner. Apparently there is no jurisdictional error in the impugned order, so far as the submission of the learned counsel for the petitioner is concerned, the Magistrate is not required to look into any defence at the time of issuing the summons under Section 204 Cr. P.C . Accordingly the application stands dismissed. However, the petitioner would be at liberty to raise all the issues, raised herein , at the 2 appropriate stage during the course of trial. Namita ( Rajendra Kumar Mishra, J.)