NETRANANDA MISHRA Vs. STATE

JUDGEMENT

(1.) In this petition under Section 482, Criminal Procedure Code, the petitioners seek to quash the order dated 1-2-1996 passed by the learned Sub-divisional Judicial Magistrate, Bhubaneswar taking cognizance of offences under Sections 498-A, 323/506/34, I.P.C.against all the accused persons in G.R.Case No. 2615 of 1995.

(2.) The said case was instituted on the complaint of opposite party No. 2 on the allegation that ever since her marriage was solemnised in the year 1954, petitioner No. 1, her husband Netrananda Mishra tortures her. Petitioner No. 2 is her son while petitioner No. 3 is the daughter-in-law. Petitioner No. 4 is the brother of the daughter-in-law, namely, petitioner No. 3. It has been alleged that when elder son of the complainant was in the womb, her husband also assaulted her. She has alleged that even after 42 years of her marriage, the torture continued and increased. Finally her husband drove her out in the month of March, 1995 and she is currently staying in her father's house. She could not bring her share of the produce on her father's land located at Puri because her husband, son and daughter-in-law are all torturing her. On the basis of this complaint, Kheravalanagar Police Station Case No. 260 of 1996 was started. After investigation, charge-sheet was submitted. Learned Sub-divisional Judicial Magistrate took cognizance of the offence under Section 498-A, 323, 506/34, I.P.C.against all the petitioners.

(3.) According to the petitioners, no offence under any of the sections mentioned in the charge-sheet has been made out. It has been alleged that the complainant is mentally deranged and as such, she has been harassing the petitioners in every possible way and later has lodged a complaint falsely. Accordingly, the petitioners have approached this Court for setting aside the order taking cognizance of the offence.