MD NAYEEMUDDIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Two Petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Criminal Procedure Code, have prayed for quashing of the order dated 1.9.1999 passed in C.A. No. 649 of 1999 by Mr. B.K. Sinha, Judicial Magistrate, Purnea. By the said order, the learned Magistrate has taken cognizance of the offence under Section 498-A of the Indian Penal Code.

(2.) Short fact of the case is that opposite party No. 2 filed a Complaint vide Complaint Case No. 649 of 1999 alleging therein that she was wife of Petitioner No. 1 and after solemnization of marriage for some time, she led a peaceful conjugal life. However, subsequently the accused persons started torturing her for the purpose of bringing buffalo and Rs. 5,000 in cash from her parents. It was alleged that after she shown inability, she was physically and mentally misbehaved and tortured. Many other allegations have also been levelled in the complaint petition. After filing the complaint, the complainant was examined on solemn affirmation and three witnesses were examined in support of the complainant as inquiry witnesses. The learned Magistrate, after being satisfied that materials available on the record, by order dated 1.9.1999 took cognizance of the offence under Section 498-A of the Indian Penal Code.

(3.) Aggrieved with the order of cognizance, the Petitioners approached this Court by filing the present petition and this Court on 23.2.2000 directed for issuance of notice to opposite party No. 2. Subsequently on 24.7.2000 the petition was admitted and again a notice was directed to be issued to opposite party No. 2. While admitting the case, this Court directed that during the pendency of this application further proceeding in the Court below, so far as the Petitioner is concerned, shall remain stayed.