RITA SEN WIFE OF GAUTAM SEN AND GAUTAM SEN SON OF LATE PARITOSH SEN Vs. STATE OF BIHAR AND SUBRATO BASU SON OF LATE SHAILESH CHANDRA BASU

JUDGEMENT

(1.) The Petitioner No. 1, who was sister of wife of opposite party No. 2 and Petitioner No. 2, husband of Petitioner No. 1, have approached this Court by filing the present petition under Section 482 of the Code of Criminal Procedure with a prayer to quash an order dated 25.08.2006 passed by Judicial Magistrate, Ist Class, Patna in Complaint case No. 1955 C of 2006. By the said order, leaned Judicial Magistrate has taken cognizance of offences under Sections 323, 363, 406, 417 and 420 of the Indian Penal code.

(2.) The opposite party No. 2 has filed a complaint in the Court of Chief Judicial Magistrate, which was numbered as Complaint Case No. 1955 C of 2006 against two Petitioners and one Dr. Ajay Kumar for the offence under Sections 307, 331, 361, 363, 406, 420 and 120B of the Indian Penal Code. It was disclosed in the complaint petition that the complainant was made an accused in a case relating to offence under Section 304B of the Indian Penal Code in respect of death of his wife. While the complainant was taken into custody, the minor female child of complainant was handed over by the police on proper receipt to the Petitioner No. 1. It has been disclosed in the complaint petition that subsequently, the complainant was put on trial and he was held guilty in the said case and was also convicted and sentenced. Against the order of conviction and sentenced he preferred an appeal, which is pending before this Court. It was disclosed that when he was released on bail and wanted to take back custody of his child, the accused persons one way or the other refused to hand over the custody of the girl of the complainant to him. It has also been alleged that accused No. 3 along with few unknown persons had threatened the complainant and also assaulted him.

(3.) On aforesaid allegation complaint petition was filed. After conducting enquiry, the learned Judicial Magistrate, by its order dated 25.08.2006, took cognizance for the offence under Sections 323, 363, 406 and 420 of the Indian Penal Code.