ABDUL SHUBHAN MIAN Vs. STATE

JUDGEMENT

(1.) THIS application has been filed for quashing the order dated 24.8.2000 passed by the Chief Judicial Magistrate, Nawadah, in Complaint Case No. C -636/90 whereby he has taken cognizance of the offence under Section 302/201 of the Indian Penal Code and directed for issuance of non bailable warrant of arrest against the petitioners.

(2.) SHORN of unnecessary details, facts giving rise to the present application are that the complainant -opposite party No. 2 filed a petition of complaint in the Court of Chief Judicial Magistrate, Nawadah, on 26.11.90 inter alia alleging that his sister Rahisha Khaton was married to petitioner No. 3 Shyamuddin and after the marriage her husband and other relations of her husband had assaulted her and were harassing her to compel her parents to meet illegal demands including cash of Rs. 5000/ -. According to the complaint petition her sister was killed by the accused persons on account of non fulfillment of demand and her dead body was secretly burried. According to the complainant; he came to know about the occurrence on 6.5.90 and went to the village of her sister to enquire about her whereabout but the accused persons left the house without disclosing anything and the complainant could know from the villagers that her sister was killed,

(3.) THE complainant then filed protest petition. The learned Chief Judicial Magistrate by order dated 28.11.90 accepted the final report and at the same time directed for examination of the complainant on solemn affirmation on protest -cum -complaint petition filed by him. The learned magistrate held an enquiry and examined number of witnesses; and on consideration of the same by order dated 15.10.97 dismissed the protest -cum -complaint petition.