SANDHYA KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present petition has been filed for quashing the order dated 30.4.2019 passed by the learned Additional Sessions Judge, III, Kaimur at Bhabua in Criminal Revision No. 134 of 2018 whereby and whereunder the order dated 16.7.2018 passed by the learned A.C.J.M.-III, Bhabua (Kaimur) has been affirmed.

(2.) The brief facts of the case are that the informant of this case, namely, Sandhya Kumari i.e. the petitioner herein had filed a written complaint before the Officer in Charge, Bhabua Police Station dated 24.6.2016, inter alia stating therein that while she along with her mother and father was sitting outside the house, the accused persons namely, Mahendra Upadhyay, Munna Upadhyay, Niraj Devi, Nirmala Devi and Saraswati Devi had come there and started assaulting the mother and father of the informant as also had engaged in misbehaving with the informant. On the said complaint of the informant dated 24.6.2016, an FIR was lodged bearing Bhabua P.S. Case No. 409 of 2016.

(3.) It appears that the police had investigated the case and not finding any complicity of the accused persons had submitted final form as far as the accused persons, namely, Mahendra Upadhyay, Munna Upadhyay, Niraj Devi, Nirmala Devi and Saraswati Devi, are concerned. However, the learned court below appears to have differed and taken cognizance of the offence, whereafter charges were framed and the trial had commenced wherein various witnesses have been examined.