KRISHNA KANT KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole petitioner, invoking inherent jurisdiction of this court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of an order dated 27.9.2003 passed by the learned Judicial Magistrate, Ist Class, Patna whereby, the discharge application filed by the petitioner in Complaint Case No. 911(C) of 1998, was rejected, holding that there were sufficient materials against the petitioner, for framing of the charges under Section 498A, 323/34 of the Indian Penal Code.

(2.) SHORT fact of the case is, that initially on the basis of fard-beyan of opposite party no. 2, an F.I.R. vide Pribahore P.S. Case No. 268 of 1997, was registered on 29.11.1997, against the petitioner, his mother, sister and brother-in-law of the petitioner for the offence under Sections 498A, 323/34 of the Indian Penal code. After registering the F.I.R., Police investigated the case. During investigation, petitioner and his other family members were arrested. However, after sometime, they were released on bail. During investigation, the Police found the accusation made against all the accused persons including the petitioner of F.I.R. as false / fabricated and submitted final report. Before submission of final report, a protest petition was filed on 13.1.1998. After submission of final report, the same was accepted, and protest petition was treated as complaint petition. After conducting enquiry, in the complaint petition, the learned Magistrate took cognizance of offence against all the four accused persons. Subsequently, the cognizance order in respect of remaining three accused persons was quashed by this court vide Cr. Misc. No. 9893 of 1999 and Cr. Misc. No. 8774 of 2000. At the stage of charge, on behalf of the petitioner petition for discharge was filed, which was rejected by the learned Magistrate by its impugned order dated 27.9.2003 in Complaint Case No. 911(C) of 1998.