MD SALIMUDDIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Two petitioners, while invoking inherent jurisdiction of this court under section 482 of the Code of Criminal Procedure, have prayed for quashing of the order dated 8.10.1999 passed by Sri S.K.Yadav, Sub.Divisional Judicial Magistrate, Araria in Complaint Case No.808 of 1999. By the said order the learned Magistrate has taken cognizance for the offence under section 498A of the Indian Penal Code and directed for issuance of processes for securing attendance of the accused persons.

(2.) Short fact of the case is that the opposite party no.2 filed a complaint vide Complaint Case No.808 of 1999 disclosing therein that she was second wife of petitioner no.1. It was further disclosed that since from the wedlock of the first wife there was no issue, petitioner no.1 married with the complainant.

(3.) In the complaint petition it has been alleged that again petitioner no.1 married with petitioner no.2 and thereafter they started torturing the complainant. The accused persons also started putting pressure on the complainant to transfer her land to the petitioners/accused persons. They even assaulted her. Subsequently, she was ousted from the house and thereafter the present complaint petition was filed. The learned Magistrate by the impugned order i.e. dated 8.10.1999 took cognizance for the offence under section 498A of the Code of Criminal Procedure against both the accused persons and directed for issuance of processes. On perusal of the record as well as impugned order, I do not find any defect in the order of cognizance. Accordingly, I do not find any merit in this petition and the petition stands rejected.