CHAMARI CHAUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the petitions filed under Section 482 of the Code of Criminal Procedure arise out of the same order and as such both the petitions were heard together and are being disposed of by this common order. Heard Shri Rajendra Narayan, learned Senior Counsel, who was assisted by Shri Rakesh Kumar Sinha No. 1, learned counsel for the petitioners, learned Additional Public Prosecutor, who has appeared on behalf of opposite party no. 1/ State and Shri Manish Kumar, learned counsel, who has appeared on behalf of opposite party no. 2/complainant.

(2.) In both the cases, petitioners have prayed for quashing of an order dated 19.1.2009 passed by the Judicial Magistrate, 1st Class, Gaya in Complaint Case Nos. 338 of 2004/445 of 2009. By the said order, the learned Magistrate has rejected the petition filed under Section 239 of the Code of Criminal Procedure on behalf of accused petitioners for their discharge.

(3.) Learned Senior Counsel for the petitioners, while assailing the order, submits that with an oblique motive, complainant/opposite party no. 2 has arrayed all the family members of her husband as accused in the complaint case without disclosing specific allegation against either of the petitioners of both the petitions.