INDU KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner, who claims to be the wife of Opp. Party No. 2, has approached this Court against the order dated 27.09.1997 passed in Complaint Case No. 1020(C) of 1997, whereby the learned Judicial Magistrate, 1st Class, Patna had taken cognizance of the offences under Sections 211 and 500 of the Indian Penal code. The present petition was firstly taken up for hearing on the point of admission on 26.6.1998 before a Bench of this Court. On the date, while passing an order for issuance of notice to Opp. Party No. 2, this Court had directed that in the meantime, further proceedings in the court below shall remain stayed. Subsequently, by the order dated 10.12.1998, the petition was admitted for hearing and on 10.12.1998 it was directed that during the pendency of this application further proceeding in the court below in Complaint Case No. 1020(C) of 1997 shall remain stayed.

(2.) The complaint in question was filed by Opp. Party No. 2 on an allegation that the petitioner had filed a false case, i.e. Complaint Case No. 240(C) of 1993 for the offences under Sections 494, 495 and 120B of the Indian Penal Code against Opp. Party No. 2. It was alleged by the petitioner in her complaint that though Opp. Party No. 2 in the present case was already married, deceiving this petitioner Opp. Party No. 2 married with this petitioner and subsequently, her father gave Rs. 65,000/- to Opp. Party No. 2 for the purpose of purchasing a piece of land. It was alleged that though land was purchased from the amount given by the father of the petitioner, the said land was purchased in the name of first wife of Opp. Party No. 2 and only thereafter she came to know that Opp. Party No. 2 was already married. In the said complaint petition, Opp. Party No. 2 was put on trial and finally in the month of August, 1996 he got an order of acquittal. After the order of acquittal, this petitioner approached this Court by way of filing an appeal vide S.L.A. No. 22 of 1997, which was also rejected.

(3.) After rejection of S.L.A. No. 22 of 1997, it was turn of Opp. Party No. 2 to file a complaint against this petitioner and, as such, the present case i.e. Complaint Case No. 1020(C) of 1997 was filed against the petitioner on the allegation of commission of offence under Sections 211 and 500 of the Indian Penal Code. It was alleged that in the Complaint Case of Opp. Party No. 2 the petitioner had given false evidence before the Magistrate in Complaint Case No. 240(C) of 1993 and he also alleged that this petitioner had defamed Opp. Party No. 2. Accordingly, the learned Magistrate by the impugned order had taken cognizance of the offence.