VEENA PANI SARKAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Sri Ravi Shankar Sahay, learned counsel appearing on behalf of Opp. Party No. 2 files a counter-affidavit on behalf of son of Opp. Party No. 2. Let it be kept on record.

(2.) Short fact of the case is that a complaint was filed by Smt. Yasoda Devi vide Complaint Case No. 300(C) of 1995, in which she disclosed that her marriage was solemnized with one Sri Rama Shankar Dubey about 35-36 years back. Subsequently, in the year 1968-69, Rama Shankar Dubey was appointed as Sub-Inspector of Police and thereafter he started residing separately and he developed relation with the petitioner. Thereafter, the petitioner and husband of the complainant started living as husband and wife. It was alleged that the complainant was repeatedly tortured by her husband and on one occasion, while the husband of the complainant was assaulting her, it was alleged in the complaint petition that this petitioner snatched her golden chain, Accordingly, a complaint petition was filed for offences under Sections 323, 379, 540 and 498-A of the Indian Penal Code.

(3.) After the order of cognizance, the petitioner approached this Court by filing a quashing application vide Cr. Misc. No. 7851 of 1996. However, the same was disposed of with observation that if at the stage of framing of charge, a petition for discharge is filed, the same shall be considered and disposed of on its own merit. The said order was passed on 11.2.1997, which has been annexed as Annexure-1 to the petition. Accordingly, at the stage of charge, the petitioner filed a petition under Section 245 of the Code of Criminal Procedure for her discharge. The petitioner denied the allegations made in the complaint petition. However, the learned Magistrate by the impugned order rejected the same. While pressing the discharge petition before the learned Magistrate, it was argued that even the daughter of the complainant had denied regarding commission of any occurrence. However, the learned Magistrate has rejected the same.