RAM DHARI CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Shri B.J. Ojha, learned counsel for the petitioners, Shri Shyam Kumar Singh, learned Additional Public Prosecutor and Shri Bhubneshwar Prasad, learned counsel, who has appeared on behalf of opposite party No. 2/informant of the case.

(2.) 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 24.9.2004 in Trial No. 1260 of 2004 arising out of Phulwarisharif P.S. Case No. 388 of 2001, whereby learned Chief Judicial Magistrate, Patna has taken cognizance of offence under Sections 498A, 494 and 379 of the Indian Penal Code.

(3.) Short fact of the case is that the opposite party No. 2 had initially filed a complaint in the Court of Chief Judicial Magistrate, Patna, which was numbered as Complaint Case No. 1660 (c) of 2001 against the accused persons including the petitioners on an allegation of committing offences under Sections 307, 323, 379 and 498A of the Indian Penal Code and Sections 3/4 of Dowry Prohibition Act. The complaint petition was subsequently referred to the police for its registration and investigation under Section 156(3) of the Code of Criminal Procedure and after registering F.I.R., police conducted investigation and thereafter, submitted charge-sheet. On submission of charge- sheet, learned Chief Judicial Magistrate, after perusing the material on record including the case diary, by the impugned order le. order dated 24.9.2004, took cognizance of offences under Sections 498A, 494 and 379 of the Indian Penal code and Sections 3/4 of Dowry Prohibition Act against all the charge-sheeted accused persons.