KAUSHALYA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) Cr. Misc. No. 39855 of 2009 has been filed for quashing the order taking cognizance, dated 28.10.2009 passed by the Subdivisiotial Judicial Magistrate. Dalsingsarai in Complaint Case No. 481/2004 whereas Cr. Misc. No. 49505/2008 has been filed for quashing the order, dated 8.9.2008 passed by the Additional Sessions Judge, FTC II, Saniastipur in Cr. Revision No. 187/2005/24/2007,

(3.) Initially cognizance was taken only against the husband Anjani Kumar Kedia and Ajay Kumar, the father-in-law. The complainant went in revision and the revisional court directed the Subdivisional Judicial Magistrate to reconsider the case and pass a fresh order. Accordingly, the Subdivisional Judicial magistrate has taken cognizance against all the family members, eight in numbers, who are petitioners in Cr. Misc. No. 39855/2009 by order, dated 28.10.2009 for offences under Sections 323, 498A, 406 and 504 of the Penal Code and Sections 3/4 of the Dowry Prohibition Act. The petitioners of these two applications have challenged the orders of cognizance as well as the order passed in the criminal revision.