IBRAR KHAN Vs. STATE

JUDGEMENT

(1.) THIS application by petitioner has been filed for quashing complaint case No. 1122 of 2003 alongwith cognizance order dated 27.9.2003 pending in the Court of Shri P S Yadav, Judicial Magistrate, Bhagalpur.

(2.) THE case of petitioner is that Naz Perween, opposite party No. 2. filed a complaint case No. 1122 of 2003 under Sections 147, 148, 149, 452, 323, 504, 380, 354, 427, 120B read with Section 34 of Indian Penai Code against the petitioners in the Court of Chief Judicial Magistrate, Bhagalpur alleging therein that petitioner No. 5 Bibi Asafia Khanam @ Simu @ Arfa Khanam was married on 10.6.2001 to her Devar Md. Rafi Azam. The further case of opposite party No. 2 is that her husband has got two brothers Md. Maki Azam and Rafi Azam and her husband Md. Maki Azam is running a cycle shop at Tatarpur whereas their third brother is running a cycle shop at Nath Nagar Bazar and they all are joint and they all are living jointly and in the morning, after taking breakfast, they go to their respective cycle shops for returning in the evening leaving behind the complainant, her old in -law and unmarried Nanad. The wife of Rafi Azam, since her arrival in her Sasural, destroyed the peace of family because she was pressing her husband to separate his businees and mess from his brothers but her husband did not agree to her proposal and he also did not agree to her alternative proposal for going to Azimganj for managing a shop. Her further case was that petitioner, who include Asafia and her relations became annoyed with her Devar and gave him threatening that they would send her Devar and his brothers to jail by implicating them in false cases. Petitioner No. 5 Asafia started quarreling with the members of her Sasural and her husband and used to give threatening that she would implicate the entire members of her Sasural in false cases and she also from time to time used to talk on telephone with the members of family of her parents. Opposite party No. 2, further alleged that on 14.8.2003 at about 8 A.M. when her husband and his two brothers left the house for going to their respective shops, and on the previous night, her in -laws said that they would go to Brahpura to see a girl. This information was heard by Asafia who passed on this information to the members of family of her parents. On 14.8.2003 at about 9 oclock, in -laws and Nanad of opposite party No. 2 left for Brahpura leaving behind opposite party No. 2 and Asafia and on that day at about 12 oclock, petitioner No. 1 to 4 alongwith one Sub Inspector and four constables forming an unlawful assembly armed with weapons unauthorisedly entered the house of complainant and opposite party No. 2, was terrorised by their presence but Asafia started laughing and petitioners No. 1 told Asafia that there was no cause of any fear and asked her to collect all her ornaments belonging to her and given to her by her husband and further asked her to collect the money and clothes kept in her room and all other necessary articles saying that he had brought a jeep and police with him. Thereafter, all petitioners entered the room of Devar of opposite party No. 2 and on protest by her, petitioner No.4 Md. Ansar Khan took out a countrymade pistol and put it on her and asked her to keep quiet otherwise she would be killed and in the meantime, Asafia collected ornaments, cash, money, clothes etc. and putting in attache came out from room and while leaving also carried away a television.

(3.) ACCORDING to petitioners, opposite party No. 2 has filed the present petition as a counterblast after execution of a search warrant issued by competent Court. Petitioners have prayed for quashing complaint case No. 1122C of 2003 alongwith cognizance order dated 27.9.2003 filed against them and which is presently pending in the Court of Shri P S Yadav, Judicial Magistrate, Bhagalpur.