RANJIT KUMAR SINHA Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Two petitioners, who are brother of daughter-in-law of opposite party no.2, have approached this Court, while invoking inherent jurisdiction under Sec. 482 of the Code of Criminal Procedure with a prayer to quash an order dated 21.5.2007 passed by learned Sub Divisional Judicial Magistrate, Dalsingsarai in C.R. Case No.453 of 2004/TR No.1049 of 2007. By the said order, learned Magistrate has taken cognizance of offence under Sections 323, 379 and 504 of the Indian Penal code.

(2.) Short fact of the case is that opposite party no.2 filed a complaint on 13.12.2004 in the court of Sub Divisional Judicial Magistrate, Dalsingsarai, which was registered as Complaint Case No.453 of 2004 against two petitioners, his sister namely Usha Devi and other three close relatives of petitioners for commission of offences under Sections 323, 379, 504 and 34 of the Indian Penal Code, on an allegation that the aforesaid accused persons on 12.12.2004 had arrived at the house of complainant and committed the offence. The reason for committing offence was that the sister of both the petitioners had taken Rs. 1 lac from the complainant about two years back and she refused to repay the loan, despite demand made by the complainant. At subsequent stage i.e. on the date of alleged occurrence, the accused persons assaulted the complainant and committed the offence under Sections 323, 379, 504 and 34 of the Indian Penal Code. After filing of the complaint, enquiry was conducted by the learned Magistrate and by the impugned order i.e. order dated 21.5.2007, the learned Magistrate has taken cognizance of offences as stated above.

(3.) Shri Anil Kumar Mukund, learned counsel appearing on behalf of the petitioners, while challenging the order of cognizance, has submitted that the present complaint petition was filed in retaliation and maliciously against two petitioners, his sister Usha Devi and other three family members of petitioners. It has been submitted that earlier the petitioner no.1 had filed a written complaint before the Superintendent of Police, Samastipur on 3.11.2004 alleging therein that son of the complainant, who was husband of sister of petitioner, namely, Usha Devi and who was Sub Inspector of Police, had developed illicit relation with other lady and thereafter, he started to torture his sister. On the basis of written complaint of petitioner no.1, an F.I.R. vide Dalsingsarai P.S. Case No.137 of 2004 was registered for the offence under Sec. 498A/34 of the Indian Penal Code against the husband of the sister of petitioner no.1, the present complainant, namely, Sumitra Devi and two other accused persons. It has been submitted that since F.I.R. was lodged against the complainant, her son and other accused persons on the written complaint of the petitioner no.1, in retaliation and maliciously, the present complaint was filed and the learned Magistrate has also without application of mind has taken order of cognizance in a mechanical manner. Accordingly, it has been prayed to set aside the order of cognizance.