BIPUL PARUA Vs. KAKALI JENA & ANOTHER

JUDGEMENT

(1.) This is an application under section 482 of Cr.P.C. filed by the petitioner Bipul Parua challenging the order dated 06.06.2008 passed by the learned J.M.F.C., Jaleswar in I.C.C. No.111 of 2008 in taking cognizance of offences punishable under sections 341, 354 and 394 of the Indian Penal Code and issuance of non-bailable warrant of arrest against him.

(2.) It is the prosecution case as per the complaint petition filed by the opposite party no.1 Smt. Kakali Jena that after her dispute with her husband, she was residing at her father's place and the petitioner was very closely related to her father and he use to come to her father's place and in that process, the complainant got acquaintance with the petitioner.

(3.) The learned Magistrate recorded the statement of the complainant-opposite party no.1 under section 200 Cr.P.C. and after going through the complaint petition as well as the statement of the complainant found prima facie case under sections 341/354/394 of the Indian Penal Code and accordingly, took cognizance of such offences and since the offences under sections 354/394 of the Indian Penal Code are non-bailable in nature, he directed for issuance of non-bailable warrant of arrest against the petitioner.