IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17405 of 2008 PRABHAKAR TIWARI SON OF LATE REGAN TIWARI, RESIDENT OF VILALGE URDA, POLICE STATION CHENARI, DISTRICT ROHTAS ……. PETITIONER Versus 1. THE STATE OF BIHAR 2. RAM DULAR PANDEY SON OF LATE KAPILDEO PANDEY, RESIDENT OF VILLAGE DUGADHA DURGA COLONY, P.S. DAGADHA, DISTRICT BOKARO, JHARKHAND …. OPPOSITE PARTIES ----------- 3. 1.4.2011 The petitioner has sought quashing of the order dated 26.3.2008 passed by the Chief Judicial Magistrate, Kaimur in Bhagwanpur (Karmachat) P.S. case No.74 of 2006, by which he has taken cognizance in the matter. It has been submitted on behalf of the petitioner that he is not family member of the husband of the deceased and, therefore, he would not come within the purview of Section 304B I.P.C. and after investigation final report was submitted in his regard and also in split up trial other accused persons were acquitted of all the charges on account of deficient material against them. On the other hand, learned Counsel for the informant has submitted that the petitioner happened to be a close relative of the husband of the deceased and used to reside in the same house, where the occurrence had taken place as also the deceased had given incriminating statements in his regard before her death. The further submission is that as against the acquittal of the co- accused a Criminal Revision has been filed before this - 2 - Court which is pending. Considering that the petitioner has sought quashing on disputed questions of fact, I am not inclined to interfere in the matter. The application is dismissed. Narendra/ ( Anjana Prakash, J. )