DILIP KUMAR KUNDU Vs. MADAN CHANDRA DEY

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure, wherein prayer has been made on behalf of the petitioners to quash an order dated 14/9/1989 passed by Sri R.D. Singh, Judicial Magistrate, Jamshedpur in Complaint Case No. 146189, has been- referred to Division Bench by a learned Single Judge of this Court in view of conflict in some observations made in the case of Sureshwar Saran v. State of Bihar and Arbind Kumar Sinha v. State ofBihar, on interpretation of section 192 of the Code of Criminal Procedure in a situation when the Chief Judicial Magistrate transferred the case to another Magistrate for enquiry.

(2.) Before proceeding to consider the points involved in this case, the fact of the matter may be noticed.

(3.) A complaint-petition was filed by the opposite party No.2 in the court of Additional Chief Judicial Magistrate, Jamshedpur alleging therein that the complainant got her daughter married with Nirup Ktindu in the year 1986, who started ill treatment with his wife after the said mairiage Nirup Kundu compelled her wife to write letters to her parents for further dowry which amounting up to Rs.50,000.00. It is further alleged that in 1987 and 1988 the daughter of the complainant gave birth to two children. It was further alleged that the complainant, sent lawyers notice to the accused persons, and on 13/6/1989, all the accused persons came to the house of the complainant, criminally trespassed his house, gave threat to the complainant to pay the dowry of Rs. 50,000.00 within one week and got some papers signed by the complainant