PRABIR KUMAR ROY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The application filed this application under Section 482 of the Code of Criminal Procedure for quashing the order, dated 3.12.1996 passed by the learned Chief Judicial Magistrate at Jamshedpur in G.R. No. 197 of 1996 arising out of Govind or P.S. Case No. 14/96 whereby and whereunder the learned Magistrate took cognizance for the offence under Sections 498-A of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.

(2.) The short facts giving rise to this application are that the opposite-party No. 2 Smt. Bala Roy filed a case alleging therein that she was legally married with the petitioner on 20.9.1992 as Calcutta persuance of an advertisement in the newspapers at the instance of the petitioner. During the marriage, the father of the complainant/opposite-party No. 2 gave gold ornaments, furniture, etc. and the complainant was taken by the petitioner to his house but after some time the petitioner started torturing the complainant in various ways physically and mentally. It is further alleged that the petitioner and others also started assaulting the complainant and the petitioner demanded a sum of Rs. 50,000/- and due to non-fulfilment of the demand, the petitioner was driven away from the house.

(3.) The police investigation into the case and submitted final form and accordingly the learned Magistrate took cognizance by an order, dated 3.12.1996.