CHANDRA KISHORE SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Learned Counsel for the petitioners files supplementary affidavit. Let it be kept on record.

(2.) Three petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, have prayed for quashing of an order dated 20.6.2000 passed by the learned 6th Additional Sessions Judge, Purnea in Cr. Revision No. 213 of 1999/Tr. No. 19 of 1999. By the said order, the learned 6th Addl. Sessions Judge has set aside the order dated 29.5.1999 passed by Shri A.K. Modi, Judicial Magistrate, 1st Class, Kishanganj in Complaint Case No. 323 of 1998 and the learned 6th Addl. Sessions Judge has directed the learned Magistrate to make further enquiry in the complaint filed by Opp. Party No. 2 and proceed in accordance with law. By the order dated 29.5.1999 after conducting enquiry, the learned Judicial Magistrate, 1st Class, namely, Sri A.K. Modi had taken cognizance of offences under Sections 323 and 354 of the Indian Penal Code, though the complaint was filed for offences under Sections 376, 420 and 498A of the Indian Penal Code.

(3.) Short fact of the case is that Opp. Party No. 2 had filed a complaint, which was registered as Complaint Case No. 323 of 1998 with an allegation that forcibly petitioner No. 1, who is full brother of petitioner Nos. 2 and 3, had committed rape with her. When the complainant wanted to make complaint, an assurance was given by accused Chandra Kishore Singh that he will marry her and on that assurance, she did not file any complaint before any authority. However, she intimated this fact to her mother and after persuasion, petitioner No. 1 solemnized marriage with the complainant in a temple. It was further alleged that when she went to her in-laws place, accused persons assaulted her and ousted her from the house and on the aforesaid allegations, the complaint petition was filed by the complainant.