JOYNAB MIRZA Vs. STATE

JUDGEMENT

(1.) This is an application under Section 482 of the Code of Criminal Procedure fifed by the petitioners praying for quashing the charge-sheet being No. 48 of 2003 dated 25.7.2003 under Sections 498A/506 of the Indian Penal Code submitted in the Court of the learned Sub-Divisional Judicial Magjstrate, Bolpur, District Birbhum in G.R. No. 191 of 2003 arising out of Labpur Police Station Case No. 35 of 2003 dated 5.6.2003.

(2.) On the basis of a written complaint lodged by Sayeeda Khan against the present petitioners before S.D.J.M. Bolpur, the learned Judge referred the case to Labpur Police Station under Section 156(3) of Cr. P.C. directing the police to lodge FIR and accordingly the case was started and the I.O. took of investigation of the case and ultimately the charge-sheet under Sections 498A/506 was submitted against the present petitioners whereupon the learned S.D.J.M. took cognizance of the offence and issued warrant of arrest against the present petitioners fixing 8.9.2003 for ER.

(3.) In the complaint the complainant alleged that taking advantage of absence of her husband the petitioner No. 4 Zohaib Mirza kidnapped her daughter Joynab Parsania and forcibly married her, The complainant came to know about this and she went to the house of the accused Zohaib Mirza when the Zohaib Mirza and inmates of his house threatened the complainant with dire consequence. The complainant being afraid left the house of the accused and after few days the accused persons (petitioners) started torturing her daughter Joynab Parsania both physically and mentally over the issue of non-payment of dowry. So again the complainant went to the house of accused persons (petitioners) at Aligarh, UP. and tried to meet her daughter but, the accused persons (petitioners) did not allow her to meet her daughter. However, on 9.2.2003 Joynab Parsania daughter of the complainant fled away from the house of her husband and took shelter in the house of her mother (complainant) at Aligarh, U.P. The complainant finding no other alternative to save her daughter's life left Aligarh with her daughter and ultimately started residing in the native village at Brahamarigram, P.S. Labpur, District Birbhum. The complainant also alleged that even at Brahamarigram they received threat call from anti social elements.