BAIKUNTH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the order passed by a learned Single Judge of the Patna High Court quashing the order passed by learned Judicial Magistrate, First Class, Jehanabad taking cognizance of offence punishable under Section 406 of the Indian Penal Code, 1860 (in short the Rs. IPC) and issuing summons against the applicants-respondents Nos. 2 and 3. The High Court exercised power under Section 482 of the Code of Criminal Procedure, 1973 (in short the Rs. Code). The High Court was of the view that the case might have been filed by the complainant in order to pressurize the petitioners before the High Court not to proceed with the case which was lodged under Section 304B, 201/34 IPC r/w Sections 3 and 4 of Dowry Act against the complainant and others.

(3.) Various points were urged in support of the appeal. Primarily it was submitted that the petition was disposed of without issuing notice to the complainant. It is submitted that the exercise of power under Section 482 of the Code was not warranted on the facts of the case.