BISHWANATH ROY Vs. STATE OF BIHAR

JUDGEMENT

(1.) On call, none appeared on behalf of the petitioners either to press this petition or to make a prayer for adjournment.

(2.) Seven petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, have prayed for quashing of an order dated 12.09.2002 passed in Complaint Case No.C-295 of 2002, Tr.No.1842 of 2002. By the said order, the learned Magistrate has taken cognizance of offences under Sections 147,323, 498A and 379 of the Indian Penal Code and 3/ 4 of the Dowry Prohibition Act.

(3.) Short fact of the case is that Opp.Party no.2, wife of petitioner no.7 filed a complaint in the court of learned Chief Judicial Magistrate, Vaishali at Hajipur , which was numbered as Complaint Case No.295 of 2002. It was alleged in the complaint petition that Opp.Party no.2 was married with petitioner no.7 in the year 1997. Right from the marriage accused persons started torturing the complainant with a view to extract further dowry. It was alleged in the complaint petition that her husband was having illicit relation with the wife of his own brother. It was alleged that finally the accused persons ousted the complainant from their house and, thereafter while her brother went to the house of accused persons for settling the dispute, he was assaulted and his Vespa Scooter, bearing Registration No.BR-065-3370 was forcibly taken. After filing of the complaint petition, the complainant examined witnesses in support of her complaint and thereafter, the learned Sub Divisional Judicial Magistrate vide its order dated 12.09.2002 took cognizance of offences under Sections 147,323, 498A and 379 of the Indian Penal Code and 3 / 4 of the Dowry Prohibition Act.