ALIMULLAH @ CHOTU 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 4.6.2007 passed by Shri N.D. Sharma, Judicial Magistrate, Ist Class, Biharsharif, Nalanda in Complaint Case No. 222-C of 2007. By the said order, learned Magistrate has taken cognizance of offence under Sections 448 and 380/34 of the Indian Penal Code.

(2.) Short fact of the case is that opposite party No. 2 filed a complaint in the Court of Chief Judicial Magistrate, Biharsharif, Nalanda, which was numbered as Complaint Case No. 222-C of 2007. It was disclosed in the complaint petition that his son Md. Anwar was married with one Shabana Khatoon in the year 2004. Thereafter, she started to live peacefully with her husband along with the complainant. At subsequent stage, the son of complainant went to Nepal for earning his livelihood. While the complainant was at her residence along with her daughter-in-law, the petitioner No. 1, who was cousin brother of her daughter-in-law along with other petitioners arrived the house of the complainant and they stayed there in the night and subsequently, without obtaining permission from the complainant or intimation all the accused persons along with his daughter-in-law with ornaments left the house. On return of the son of the complainant, he was apprised with the matter. Thereafter, her son took every step for taking back Shabana Khatoon from her parents' house, but all efforts went in vain. At subsequent stage, the petitioners came to the house of the complainant and abused her. On aforesaid allegation, complaint was filed and after conducting enquiry, the learned Magistrate, by the impugned order i.e. order dated 4.6.2007, has taken cognizance of offences under Sections 448, 380/34 of the Indian Penal Code. On perusal of the record, it appears that earlier daughter-in-law of the complainant, who is cousin of petitioner No. 1, had filed a complaint vide Complaint Case No. 50-C of 2007 against the complainant and her husband on allegation of commission of offences under Sections 323, 379, 498-A and 34 of the Indian Penal Code as well as Sections 3 and 4 of the Dowry Prohibition Act. It appears that said complaint was filed on 26.2.2007, which was subsequently referred to the police for its registration and investigation under Section 146(3) of the Code of Criminal Procedure and accordingly, an F.I.R. vide Shekhopur Sarai P.S. Case No.15 of 2007 was registered in the month of April, 2007 against the complainant and other accused persons. It is evident that the present complaint was filed on 13.3.2007 i.e. after the filing of Complaint Case No.50-C of 2007 against the complainant by her daughter- in-law. On perusal of the materials on record, Court is satisfied that the present complaint was filed maliciously.

(3.) In view of the facts and circumstances of the present case, the Court is satisfied that it is a fit case for exercising inherent power in favour of the petitioners.