SANJIV KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners, the State and the opposite party No.2.

(2.) The petitioners have filed this application for quashing the order dtd. 18/10/2019 passed by the learned Sub Divisional Judicial Magistrate, Gaya in G.R. case No. 3518/2016, arising out of Magadh Medical P.S. case No. 142/2016, registered u/s 498(A) of the IPC and u/s .. of Dowry Prohibition Act whereby and whereunder discharge petition filed by the petitioners under Sec. 239 of the Code of Criminal Procedure has been dismissed.

(3.) It is pertinent to mention here that earlier the petitioners have filed a petition before this court vide Cr. Misc. No. 39094/2017 u/s 482 of the Cr. P. C., which was allowed vide order dtd. 11/9/2018 with a direction to the S.D.J.M., Gaya to consider the petition of the petitioners u/s 239 of the Cr. P. C. afresh. Pursuant to order of this court dtd. 11/9/2018 passed in Cr. Misc. No. 39094/2017, a fresh petition dtd. 27/10/2018 u/s 239 of the Cr. P. C. was filed on behalf of the petitioners with a prayer to discharge them in the case. Rejoinder to the petition was also filed on 29/10/2018 praying therein to dismiss the petition and after hearing the parties the impugned order dtd. 18/10/2019 came to be passed.