LAWS(PAT)-2010-4-351

TARA DEVI Vs. STATE OF BIHAR

Decided On April 06, 2010
TARA DEVI WIFE OF LAXMI MANDAL Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Neither any one appeared on behalf of the petitioner nor any one appeared on behalf of opposite party no.2. However, Mr. Damodar Prasad Tiwary appeared on behalf of the State.

(2.) The petitioner, while invoking inherent jurisdiction of this court under section 482 of the Code of Criminal Procedure, has prayed for quashing of the entire criminal proceeding as well as Complaint Case No.57 of 1997 in Kadwa P.S. Case No.49 of 1998 in which the petitioner was made accused for the offences under sections 379 of the Indian Penal Code and section 3(iii)(x) of the SC/ST Act.

(3.) On perusal of the complaint petition it appears that the petitioner has taken a stand that the complaint petition was filed maliciously. It has been asserted in the present petition that prior to the filing of the case against her, she had filed a complaint case no.1496 of 1997 dated 29.10.1997 against the complainant in which the learned Addl. Chief Judicial Magistrate, Katihar had taken cognizance of the offences under sections 147, 148, 323, 379 and 504 of the Indian Penal Code. It has also been stated in the petition that the petitioner has filed a petition before the Officer Incharge, Kadwa Police Station, Katihar on 23.10.1997 alleging therein that the complainant and his wife had cut hundred bamboo trees forcibly from the petitioners father land. On perusal of the present petition it appears that the petitioner has prayed for quashing the entire criminal proceedings as well as Complainant Case No.57 of 1997 in Kadwa P.S.Case No.49 of 1997 solely on the ground of malicious proceeding.