CHANDRA KALA DEVI WIFE OF DHANESHWAR MAHTO @ DHANESHWAR SINGH AND ANR Vs. STATE OF BIHAR AND ANIL PRASAD SINGH SON OF SHITAL PRASAD SINGH

JUDGEMENT

(1.) Three 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 20.1.1993 passed in Complaint Case No. 21 of 1990 by Shri M. Siddiqui, Judicial Magistrate, Ist Class, Madhubani. By the said order, the learned Magistrate, while exercising power under Section 319 of the Code of Criminal Procedure, on the prayer made by the complainant, had summoned the petitioners to face trial along with other accused persons. The petitioners further pray for quashing of an order dated 17.9.1999 passed by 4th Additional Sessions Judge, Madhubani in Cr. Revision No. 188 of 1993, whereby the revision petition preferred by petitioners against the order dated 20.1.1993 was rejected.

(2.) Short fact of the case is that the opposite party No. 2 filed a complaint vide Complaint Case No. 21 of 1990 arraying the petitioners as Accused Nos. 4, 5 and 6 along with other three accused persons. After filing of the complaint petition, examination of complainant on S.A. and examining witnesses as enquiry witnesses, the learned Magistrate, by its order dated 4.12.1990, took cognizance of offence under Sections 147, 447, 323, 506 and 379 of the Indian Penal Code only against three male accused persons and directed for summoning three named accused persons. Meaning thereby that the learned Magistrate did not take cognizance of offences against these petitioners.

(3.) At pre-charge stage, after some witnesses were examined, a petition was filed on behalf of the complainant for summoning these petitioners on the ground that witnesses before charge, had deposed showing complicity of petitioners also. The learned Magistrate, by its order dated 20.1.1993, allowed the petition filed by the complainant and while exercising power under Section 319 of the Code of Criminal Procedure, directed for issuance of summon against the petitioners to face trial along with other accused persons.