RAMDEO VERMA SON OF LATE RAM GULAM MAHTO AND ORS Vs. STATE OF BIHAR AND JANKI DEVI WIFE OF SURENDRA PASWAN

JUDGEMENT

(1.) Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

(2.) This is an application under Section 482 of the Criminal Procedure Code seeking quashing of the order dated 12.06.2004 and its proceeding passed in complaint case No. 927 of 2003 by Sri V.D. Rai, Judicial Magistrate, 1st Class, Rosera, taking cognizance for the offences under Section 342, 386/34 of the Indian Penal Code rejecting the materials produced by the petitioners with observations that defence has no locus standi at this stage.

(3.) The relevant facts in short as appears from Annexure - 1, the complaint petition bearing No. 927 of 2003 filed on 12.11.2003 is that the complainant Janki Devi was married with Surendra Paswan about 15 to 16 years ago. Her husband remarried with other lady driving the complainant away from the house, for which she filed a case in the Court. The case was not survived due to lack of proper pairvi. The complainant had two daughters from before by her husband Surendra Paswan and both daughters were kept by him.