IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27655 of 2008 Manoj Kumar @ Manish, son of Sri Nageshwar Singh, resident of Mohalla-Indrapuri Nagar, New Sipara, P.S. Phulwarisharif, District-Patna. …………………………………………………….Petitioner. Versus 1. The State Of Bihar. 2. Smt. Sharamsheela Devi, wife of Manoj Kumar, resident of Mohalla-31 Indrapuri Nagar, New Sipara Thana Phulwari Sharif, P.O. Dhelwa, District-Patna. ………………………………………Opposite Parties. ---------------------------------- For the Petitioner : M/s. Gyan Prakash and Sharwan Kumar, Advocates. For the State : Mr. Renu Kumari, A.P.P. For O.P. No.2 : Harish Kumar, Advocate. ------------------------------------- 3. 17.10.2011. Heard the parties. This application, under Section 482 of the Code of Criminal Procedure, has been filed on behalf of the petitioner for quashing the order dated 7.6.2008 passed by the Sub Divisional Judicial Magistrate, Patna City, in Complaint Case No.793 of 2005, whereby the petition of the accused- petitioner under Section 245 of the Code of Criminal Procedure to discharge has been dismissed. Learned counsel for the petitioner submits that the petitioner is ready to keep his wife-opposite party no.2 but the 2 complaint petition has been filed by his wife-opposite party no.2 with ulterior motive. From the impugned order, it appears that before framing of charge, five witnesses including the opposite party no.2 had already been examined and on going through the complaint petition and statements of complainant-opposite party no.2 and witnesses, the Sub Divisional Judicial Magistrate, found that prima face case under Sections 323 and 498(A) of the Indian Penal Code and Section 4 of the Dowry Prohibition Act, is made out against the accused, named in the complaint petition, including the petitioner. I find no illegality in the impugned order dated 7.6.2008 passed by the Sub Divisional Judicial Magistrate, Patna City, in Complaint Case No.793 of 2005 to interfere with the same in inherent jurisdiction under Section 482 of the Code of Criminal Procedure. Accordingly, this application stands dismissed. P.S. (Rajendra Kumar Mishra, J)