SRI KRISHNA SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This petition seeks quashing of the order dated 8.12.2009 passed by Sri M.K. Shrivastava, Judicial Magistrate, Gopalganj in Complaint Case No. 2724 of 2008, by which the Petitioner who had retired as Principal Judge, Family Court, Gopalganj, has been summoned for committing offences under Sections 342 and 506 of the Indian Penal Code.

(2.) The allegation was that a petition had been filed by the complainant under Section 9 of the Hindu Marriage Act for a decree of restitution of his conjugal rights which was registered as Matrimonial Case No. 321 of 2006 and was pending before the Petitioner while he was posted as Principal Judge, Family Court, Gopalganj. The further allegation is that some relationship had developed between the Judge and complainant's wife and that continued outside the Court also and after his retirement the Petitioner took the lady into his family-fold and started keeping her at some secret place. The complainant alleged that he came to know that his wife was being kept by the Petitioner at his residence in Gopalganj and accordingly, he established a contact by making a call on the cellular phone of the Petitioner, but he refused to give any information.

(3.) It was further alleged that the Petitioner held out threat to the brother of the complainant on many occasions of getting the complainant and his brother killed and, lastly, the complainant came to know that the Petitioner had confined his wife into the house of one Birendra Prasad at Gopalganj. Accordingly, he came to the above destination on 21.11.2008 at 8 a.m. and found his wife with the Petitioner and seeing the complainant having come there, it is alleged, the Petitioner put the lady inside a room and put the lock at its door and in spite of being requested to bring out the lady, the Petitioner refused to do it and abused him, besides threatened him of being put into the police lock-up by reporting a matter to the police.