MANJOOR ALI KHAN 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 order dated 19.6.1998 passed by Shri S.K. Singh, Judicial Magistrate, Ist Class, Buxar in Case No. 9(c) of 1998/58 of 1998. By the said order, learned Magistrate has taken cognizance for the offences under Sections 406 and 380 of the Indian Penal Code against the petitioner and others.

(2.) While challenging the order of cognizance, Shri Krishna Prasad Singh, learned Senior Counsel for the petitioner argued that the present complaint petition was filed maliciously. He submits that the complainant is the father of son-in-law of the petitioner. Earlier on an allegation of committing offence under Section 498 A of the Indian Penal Code, this petitioner had filed an F.I.R. vide Daudnagar P.S. Case No. 20 of 1994, which was registered on 17.3.1994 against the complainant, his son and other family members. He further submits that the daughter of the petitioner had also filed a petition for maintenance vide Maintenance Case No. 28 of 1994 and till the date of filing of the present complaint, the Maintenance case was still pending. He submits that since cases were filed against the complainant and their family members either by petitioner or his daughter with a view to take revenge the present complaint petition was filed by the complainant.

(3.) Learned Senior Counsel further submits that Complaint Case No. 9(C) of 1998, which was earlier filed by the complainant stood rejected under Section 203 of the Cr.P.C.