KRISHNA KANT JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Four 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 22.1.2002 passed by the learned 3rd Addl. Sessions Judge, Sitamarhi in Cr. Revision No.247 of 2000/11 of 2001. By the said order, the learned Addl. Sessions Judge has set aside the order dated 22.11.2000 passed by Shri P.K.Shukla, Judicial Magistrate, 1st Class, Sitamarhi in Complaint Case No.C1-377 of 2000, Trial No. 1066 of 2000. The learned Magistrate by order dated 22.11.2000 had rejected the complaint petition under Section 203 of the Code of criminal Procedure.

(2.) Short fact of the case is that Opp.Party no.2, who is daughter in law of petitioner nos.1 and 2, had filed a complaint, which was numbered as Complaint Case No.C1-377 of 2000. In the complaint petition, it was alleged that when the complainant was sleeping, in the night at about 10.00 P.M. on 12.5.2000 accused petitioners intruded into the house of the complainant, assaulted her and forcibly took certain amounts from the house of the complainant. After filing of the complaint petition, the learned Chief Judicial Magistrate took cognizance of the offence and transferred the case under Section 192(1) of the Code of Criminal Procedure for its enquiry and disposal to the court of Sri V.P.Srivastava , Judicial Magistrate, Sitamarhi and the matter was inquired under Section 202 of the Code of Criminal Procedure. Thereafter, Sri P.K. Shukla, Judicial Magistrate, 1st Class, after conducting enquiry and examining the witnesses rejected the complaint petition under Section 203 of the Code Criminal Procedure.

(3.) Aggrieved with the order of rejection of the complaint petition, the complainant preferred a revision vide Cr.Revision No.247 of 2000/11 of 2001. The learned 3rd Addl.Sessions Judge, Sitamarhi after hearing the parties at length and by assigning a detailed reason has allowed the revision petition and set aside the order of rejection of the complaint petition and remitted back the matter to the learned Magistrate with a direction to make further enquiry and pass order in accordance with law.