ALPANA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Shri Nirmal Kumar Sinha, learned counsel for the petitioners, Shri Pradeep Narayan Kunwar, learned Additional Public Prosecutor and Shri Ambika Bhagat, who was assisted by Shri Kama! Kumar Sinha, learned counsel for opposite party no.2 complainant.

(2.) Five 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 26.5.2008 passed by Shri S.K. Oikshit, Judicial Magistrate, 1st Class, Danapur in Complaint Case No.1064 (C) of 2007, whereby the learned Magistrate has taken cognizance of offence under Sections 147, 149, 323 and 380 of the Indian Penal Code.

(3.) In the present case, a complaint petition was filed by opposite party no.2, who is husband of petitioner no.1. Learned counsel for the petitioners submits that since petitioner no.1 had filed maintenance case before the court below vide Case No.105(M) of 2007, wherein learned Family Court had directed the complainant of the present case to make payment of interim compensation of Rs.1,000/- per month, the opposite party no.2 in retaliation had filed complaint petition before the court below in which order of cognizance was passed. It as further been submitted that besides maintenance case, there were some other bases in between the parties.