HUSNE ARA Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this application, the Petitioner who is the daughter of Md. Obaidullah, has challenged the order dated 29.6.1996 by which the learned Magistrate has refused to discharge her of the offence punishable under Sections 341, 323, 504/34 of the Indian Penal Code. Reference may be made to the order dated 21.8.1996 passed in this case wherefrom it appears that the trial of the Petitioner was stayed until further orders of this Court. Learned counsel for the Petitioner has challenged the impugned order on the ground that there is absolutely no allegation or any overtact alleged against the Petitioner. In the light of the submissions. I have perused the First Information Report as well as the order refusing to discharge the petitioner wherefrom it appears that no allegation and/or over act has been alleged against the petitioner. The main allegation is against the other accused-persons named in the First Information Report, namely, Md. Obaidullah and Adil. So for the petitioner concerned, who is the daughter of the accused Md. Obaidullah, there is absolutely no allegation and/or overtact alleged against her.

(2.) However, learned counsel for the Opposite Party No. 2 submits that almost all the witnesses have been examined and the trial is on the verge of conclusion and as such, at this stage, the order refusing to discharge cannot be interferred with. As stated, the trial of the petitioner has already been stayed by this Court till further orders as far back as in 1996. After hearing the learned counsel for the parties and going through the materials on record including the order under challenge, I am of the view that very initiation of the proceeding against the petitioner is uncalled for and accordingly, faking into consideration all aspects of the matter, the impugned order dated 29.6.1996 refusing to discharge the petitioner of the alleged offence is hereby quashed. This application is accordingly allowed.