DEATA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Shri Bimal Kumar Jha, learned Counsel appearing on behalf of the petitioners and Smt. Indu Bala Pandey, learned Additional Public Prosecutor appearing on behalf of the State.

(2.) Both 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 2.3.2009 passed by learned Sessions Judge, Darbhanga in Cr. Revision No. 28 of 2009. By the said order, learned Sessions Judge has rejected Cr. Revision. No. 28 of 2009, which was preferred by petitioners against the order dated 19.11.2008 passed by Sub Divisional Judicial Magistrate, Darbhanga in T.R. No. 2308 of 2008 arising out of A.P.M. P.S. Case No. 53 of 2005. By the said order, the learned Magistrate has rejected the discharge petition filed under Section 239 of the Code of Criminal Procedure on behalf of both the petitioners.

(3.) Short fact of the case is that an F.I.R. was registered vide Ashok Paper Mill (Pator) P.S. Case No. 53 of 2005 for the offence under Section 498(A)/34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act. Both the petitioners along with others were named in the F.I.R. Of course, name of petitioner No. 1 has not been categorically mentioned, but the word 'Samadhi' has been mentioned. After registering F.I.R., the case was investigated and charge sheet was filed against both the petitioners and others. After submission of the charge sheet and cognizance at the stage of charge, a petition under Section 239 of the Code of Criminal Procedure was filed on behalf of both the petitioners for their discharge, which was rejected on 19.11.2008.