SANICHAR MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) Three of the four persons arrayed as accused in Complaint Case No.134(C) of 2000 have filed this application for quashing of the complaint-cum-protest petition including the order dated 23.6.2005 passed therein by the learned Chief Judicial Magistrate, Nalanda at Biharsharif whereby he has taken cognizance against the petitioners under Sections 302, 201/34 I.P.C.

(2.) According to the complainant, Rajendra Prasad, who has been impleaded herein as O.P. No.2, his marriage was solemnized with one Ninju Kumari who died in the year 1988 leaving behind a daughter, Sampi Kumari, who at the relevant time was aged about 10 years and lived in her nanihal. It is alleged that when on 19.10.1998, the complainant on the occasion of Diwali went to present clothes to his daughter, he came to learn that on 6.10.1998 the accused persons had inflicted injuries on his mother-in-law, Dakhiya Devi, and having killed her by administering poison had surreptitiously disposed of her dead body and by dint of they being influential people had managed the doctor to obtain a false certificate regarding the death.

(3.) The complaint petition was forwarded to Laheri P.S. fornecessary action and on the basis thereof Laheri P.S. Case No.232 of 1998 was registered wherein the police after due investigation submitted a final form and also recommended proceeding against the informant under Sections 211, 182 Cr.P.C. However, the pending protest petition, was taken up as a complaint case and following an inquiry under Section 202 Cr.P.C. cognizance was taken against the accused persons.