STATE OF BIHAR Vs. TABARAK HUSSAIN

JUDGEMENT

(1.) Criminal Revision 127 of 1982 (R) and Criminal Miscellaneous No. 1858 of 1982 (R) have been heard together as they arise out of the same order passed by the Chief Judicial Magistrate, Ranchi, on 11-1-1982. In the former case, the State is the petitioner against a part of the aforesaid order by which the opposite-party has been discharged. The latter application is by one of the accused against whom process have been issued and commitment proceeding started Subsequently the petitioner has been committed and his application is under Section 482 of the Criminal Procedure for quashing of the entire prosecution. It may also be stated that the former case was filed after the expiry of the period o limitation which, however, was condoned by this Court.

(2.) Both these applications arise out of a Fardbeyan lodged by one Basanti Uraon on 22-8-81 at Sadar Hospital. This led to the institution of a case in Lohardaga Police Station being Lohardaga P.S. Case No. 66 (8)81. It is useful to set out the entire Fardbeyan in extension which is as follows:

(3.) Mai chulha banakar jane lagi to Mobin bola ke itna dhup me kaha jawogi. Yahi baitho. Mai uske ghar ke darwaja ke pas baith gai. Tab wha bola ki udhar garmi me kahe balthe ho andar akar baitho. Uha mujhe dhakelkar ghar ke andar le giya aur dhar pakar hamko karne laga. Uske bad uha hamare sath kharab kharab kam jabardasti kiya. Mujhe us time me buhut taklif huee Chhorta bhi nahi tha jaldi. Mai halla kar rahi thi. Uha mera muha dabane lage aur kahne laga halla mat karo uha jaldi chhorta bhi nahi tha.