MANAN SAH (MADAN SAH) Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole Petitioner has approached this Court, while invoking inherent jurisdiction under Section 482 of the Code of Criminal Procedure with a prayer to quash an order dated 4.12.1999 passed by Mr. A.K. Singh, Judicial Magistrate, 1st Class, Birpur in Birpur P.S. Case No. 135 of 1997, G.R. No. 571 of 1997. By the said order, the learned Magistrate while differing with, the police report, had taken cognizance of offence under Sections 498-A and 304B of the Indian Penal Code and directed for summoning the Petitioner.

(2.) Short fact of the case is that on self statement of one Sri Sheo Prasad, Sub-Inspector of Police, an FIR vide Birpur P.S. Case No. 135 of 1997 was registered on an allegation of commission of offences under Sections 498-A and 304B of Indian Penal Code against three named accused persons including the Petitioner. In the FIR, husband and mother-in-law along with this Petitioner were made accused. After conducting inquiry, first charge-sheet was submitted against only husband and mother-in-law i.e., Dilip Kumar Gupta and Parwati Devi respectively. So far as investigation in respect of Petitioner is concerned, same was kept pending. In the case, after conducting further investigation, police submitted supplementary report exonerating this Petitioner from the charges. After submission of the final report, the learned Judicial Magistrate, Birpur, differing with the recommendation of the police i.e. police report, has taken cognizance of offences as mentioned above and directed for summoning the Petitioner.

(3.) Aggrieved with the order of cognizance, the Petitioner approached this Court by filing the present petition. On 13.11.2001, while adjourning the case, this Court directed that till the next date of hearing, further proceeding in G.R. Case No. 571 of 1997 pending in the Court of Mr. A.K. Singh, Judicial Magistrate, 1st Class, Birpur, shall remain stayed and finally, the case was admitted on 23.4.2002 and while admitting, it was directed that during the pendency of the application, further proceeding in Birpur P.S. Case No. 135 of 1997 (G.R. No. 571 of 1997) pending in the Court of Sri A.K. Singh, Judicial Magistrate, 1st Class, Birpur, shall remain stayed and order of stay is still continuing.