SONA MANI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Five 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 4.8.1998 passed by Sri A.K. Shrivastava, Judicial Magistrate, Hilsa in Complaint Case No. 474(C) of 1997. By the said order, the learned Magistrate has taken cognizance of offence under Section 380 of the Indian Penal code.

(2.) The short fact of the case is that on 11.12.1997 Opp. Party No. 2 , who was the father-in-law of petitioner No. 1, filed a complaint vide Complaint Case No. 474C of 1997 arraying all the petitioners as accused in the said case. In sum and substance in the complaint petition, it was alleged that on 19.7.1997 while petitioner No. 1, who was daughter-in-law of the complainant, was staying in her in-laws house, petitioner Nos. 2 to 5 conspiring with petitioner No. 1 committed a theft in the house of the complainant. It was alleged that ornaments and other house-hold articles were stolen by the accused persons. In the complaint petition, it was also alleged that petitioner No. 1 had re-married and also on the date of occurrence, accused persons had assaulted the complainant. In the said complaint, the complainant was examined on S.A. and in support of the complaint three witnesses were examined, who supported the case of the complainant and thereafter the learned Magistrate vide order dated 4.8.1998 took cognizance only for the offence under Section 380 of the Indian Penal Code. It is made clear that in the complaint petition, allegation was made that accused persons had committed offences under Sections 323,494, 341, 504, 380 of the Indian Penal Code.

(3.) After the order of cognizance , petitioners approached this Court by filing the present petition and on 8.2.1999 while issuing notice to Opp.Party No. 2, this Court had directed that in the meantime , further proceedings in Complaint Case No. 474(C) of 1997 pending in the court below shall remain stayed. Subsequently on 12.4.1999, this petition was admitted for hearing and it was directed that the interim order passed on 8.2.1999 shall continue till disposal of this application.