KANCHAN DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of an order dated 9.10.2004 passed by the Chief Judicial Magistrate, First Class, Patna in complaint case No. 1900 (C) of 2004. By the said order, learned Chief Judicial Magistrate has taken cognizance of offence under sections 406,420 and 120 B of the Indian Penal Code.

(2.) Short fact of the case is that the opposite party No. 2 filed a complaint in the Court of Chief Judicial Magistrate, Patna, which was numbered as complaint case 1900 (C) of 2004 alleging therein that she had invested in share business with the accused No. 1 Raj Kishore, who is husband of this petitioner. It has been alleged that the husband of the petitioner has misappropriated the entire amount. It has further been stated in the complaint petition that this petitioner has also conspired with accused No.1 i.e her husband. On aforesaid allegation, complaint was filed and after conducting enquiry, the learned Chief Judicial Magistrate, by the impugned order dated 9.10.2004, has taken cognizance of the offence.

(3.) Aggrieved with the order of cognizance, the petitioner approached this Court by filing a present petition. On 23.8.2007, while issuing notice to opposite party No.2, this Court directed that during the pendency of this application, no coercive action shall be taken so far as this petitioner is concerned. Despite valid service of notice, opposite Party No. 2 has not preferred to appear before this Court.