SK MANJAR HUSAIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Four petitioners, while invoking inherent jurisdiction under Sections 482 of the Code of Criminal Procedure, have prayed for quashing of an order dated 4.3.2003 passed by the learned Sub Divisional Judicial Magistrate, Raxaul at Motihari in Complaint Case No.365 of 2002, Tr.No.1696 of 2003. By the said order, the learned Magistrate has taken cognizance of offence under Section 365 of the Indian Penal Code.

(2.) Short fact of the case is that Opp.Party no.2, namely, Khairoon Nisha filed a complaint in the court of the learned Sub Divisional Judicial Magistrate, Raxaul at Motihari , which was numbered as Complaint Case No.365 of 2002. It was alleged in the complaint petition that accused persons/ petitioners were repeatedly committing offences against the complainant and her husband. It was alleged that on one occasion one Shisham tree was cut by accused persons. Thereafter, she had gone to the Police Station for getting the case registered, but since the petitioners were having good relation with one of the Honble Ministers, the police did not entertain her complain. Again accused persons had harvested crops of the complainant for an amount of 15,000/-. Thereafter she had gone to lodge a case in the Police Station, but that too was refused. It was alleged in the present complaint that accused persons had threatened for kidnapping the husband of the complainant and thereafter on 12.11.2002 the husband of the complainant was kidnapped by the accused persons. This time again police refused to lodge any case. Thereafter the present complaint was filed. After conducting enquiry, the learned Magistrate by the impugned order dated 4.3.2003 took cognizance of offence under Section 365 of the Indian Penal Code.

(3.) Aggrieved with the order of cognizance of offence dated 4.3.2003, the petitioners approached this Court by filing the present petition. On 1.3.2004, while issuing notice to Opp.Party no.2, this Court directed that till further order no coercive steps shall be taken against the petitioners in connection with Tr.No.1696 of 2003/ C.No.365 of 2002. Subsequently, on 23.3.2004 the case was admitted for hearing and it was directed that pending disposal of this application, further proceeding in Tr.No.1696 of 2003/ C.No.165 of 2002 pending in the court of Sri S.K.Singh, Judicial Magistrate, 1st Class, Raxaul at Motihari, shall remain stayed. The order of stay is still continuing.