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2025 Supreme(Online)(Pat) 1971

PATNA HIGH COURT
Purnendu Singh, J
Manoj Kumar Dugar – Appellant
Versus
The State of Bihar – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Ravi Ranjan
For the Respondents: Mr. Ajit Kumar, APP

ORAL JUDGMENT

Date : 15-12-2025 Heard Mr. Ravi Ranjan, learned counsel appearing on behalf of the petitioner and Mr. Ajit Kumar, learned APP for the State.

2. The present application has been filed under Section 528 of the BNSS, 2023 for quashing of the Summoning Order dated 27.08.2025 and all consequential proceedings arising out of the Complaint Case No. 130C/2025 (Ladli Khatoon v Manoj Dugar & Anr.) pending before the Learned JMFC-cum-Civil Judge (Jr. Div.)-II, Kishanganj, whereby and whereunder, the learned Magistrate erroneously took cognizance of offences and passed summoning order dated 27.08.2025 against the petitioner under Section 126(2), 115(2), 318(4), 352, read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 .

3. The prosecution story, in brief, is that the son of the complainant, namely, Md. Faiyaz alias Parvez, is a tailor running a shop on a footpath at Nemchand Road and had past business dealings with the petitioner’s cloth shop, during which Rs. 4,000/- was allegedly due. On 22.02.2025, after completing stitching work, a dispute arose over payment and settlement of accounts. In the evening, the petitioner allegedly abused her son and later, at his shop, on

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