SAGIR ANSARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Five 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 18.7.1998 passed by Shri S.P. Sharma, 5th Additional Sessions Judge, East Champaran at Motihari in Sessions Trial No. 66 of 1998 , arising out of Motihari Town P.S. Case No. 194 of 1996( T.R. No. 552 of 1997). By the said order, the learned 5th Addl. Sessions Judge has rejected the petition for discharge filed on behalf of the aforesaid five petitioners.

(2.) Short fact of the case is that Opp. Party No. 2, who was husband of petitioner No. 3 initially filed a complaint in the Court of learned Chief Judicial Magistrate, Sadar Motihari, East Champaran vide Complaint Case No. 952 of 1996. After filing of the complaint petition, the learned Magistrate under Section 156(3) of the Code of Criminal Procedure referred the complaint to the police for its institution and investigation. Accordingly, an F.I.R. vide Motihari Town P.S. Case No. 194 of 1996 was registered against the aforesaid petitioners for the offences under Sections 406, 420, 366, 497 and 498 of the Indian Penal Code. It was alleged by Opp. Party No. 2 that immediately after the marriage, petitioner No. 1 on false pretext took away petitioner No. 3, who was wife of the complainant along with entire ornaments etc. After registering F.I.R., the police investigated the same. However, final report was submitted by the police. After submission of final report, the learned Magistrate on the prayer made by the informant, differing with the police report took cognizance of the offences against all the accused persons under Sections 406, 420, 366, 497 and 498 of the Indian Penal Code. At the stage of charge, a petition was filed under Section 227 of the Code of Criminal Procedure on behalf of the petitioners for their discharge. However, learned 5th Addl. Sessions Judge, Motihari , East Champaran vide its order dated 18.7.1998 passed in Sessions Trial No. 66 of 1998 rejected the discharge petition and fixed the date for framing of the charge.

(3.) Aggrieved with the order of rejection of discharge petition, all the five petitioners approached this Court by filing the present petition. On 11.9.1998 , while issuing notice to Opp. Party No. 2 this Court directed that until further orders further proceeding in Sessions Trial No. 66 of 1998 pending in the Court of Sri S.P. Sharma, 5th Addl. Sessions Judge, Motihari shall remain stayed so far the petitioners are concerned. Subsequently, on 16.2.1999 the petition was admitted for hearing. It was directed that the interim order dated 11.9.1998 shall continue. The order of stay is still continuing.