KEDAR MAHTO 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 6.1.2001 passed by Sri S.B. Prasad, A.C.J.M., Sheikhpura in Barbigha P.S. Case No. 56 of 2000. By the said order, the learned Magistrate has taken cognizance of offences under Sections 498-A, 323 and 504 of the Indian Penal Code.

(2.) Short fact of the case is that Opp.Party No. 2 filed a complaint vide Complaint Case No. 57-C of 2000 in the Court of the learned Addl. Chief Judicial Magistrate. Sheikhpura with an allegation that about 30 years ago she was married with the petitioner and from 1997 to February 2000 the complainant was harassed and also assaulted by the petitioner. The said complaint was referred to the police for registration of the case and its investigation under Section 156(3) of the Code of Criminal Procedure and, accordingly, an F.I.R. vide Barbigha P.S. Case No. 56 of 2000 was registered on 7.3.2000. After investigation, police submitted charge-sheet and thereafter by the impugned order learned Magistrate has taken cognizance of offence, as mentioned above.

(3.) Aggrieved with the order of cognizance, the petitioner approached this Court by filing the present petition, which was initially heard on 25.1.2002 and on the date the petitioner was directed to implead the informant of the case as Opp. Party No.2. The Court thereafter called for the case diary on the submission made on behalf of the petitioner that there was no evidence against the petitioner in the case diary. Subsequently, on 23.9.2002 the case was admitted for hearing and it was directed that during the pendency of this application, further proceeding in Barbigha P.S.Case No. 56 of 2000 pending before A.C.J.M., Sheikhpura shall remain stayed and order of stay is still continuing.