PANKAJ KANT JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Sri Ashok Kumar Kam, learned counsel for the petitioners, Sri Satyendra Narayan Singh, learned Addl. Public Prosecutor, Sri Ashok Kumar Prasad, learned counsel, who has appeared on behalf of complainant/Opp.Party no.2 as well as learned counsel, who has appeared on behalf of Opp.Party no.3/ wife of petitioner no.1.

(2.) Three petitioners i.e. husband, father-in-law and mother-in-law respectively of Opp.Party no.3, have approached this Court, while invoking its inherent jurisdiction under Section 482 of the Code of Criminal Procedure with a prayer to quash an order dated 17.06.2010 passed by the learned Sub Divisional Judicial Magistrate, Jhanjharpur, Madhubani in Complaint Case No.933 of 2009. By the said order, the learned Magistrate has taken cognizance of offence under Sections 323, 342, 379, 498A of the Indian Penal Code.

(3.) Short fact of the case is that Opp.Party no.2 , who is father of Opp.Party no.3, had initially filed a complaint petition vide Complaint Case No.933 of 2009 before the learned Addl. Chief Judicial Magistrate, Jhanjharpur for offence under Section 498 A and other allied Sections of the Indian Penal Code as well as 3 /4 of the Dowry Prohibition Act against all the petitioners and other members of their family. The said complaint was referred to the police under Section 156(3) of the Code of Criminal Procedure for registering F.I.R. and investigating the case and , as such, an F.I.R. vide Phulparas P.S. Case No.154 of 2009 was registered.