LAWS(PAT)-2004-6-22

SARASWATI DEVI Vs. STATE OF BIHAR

Decided On June 09, 2004
SARASWATI DEVI Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) By the Court These three cases have been heard together as all of them arise out of G.R. Case No. 175/98 (Kadamkuan (Kankarbag) P.S. Case No. 25/98) pending in the Court of Shri D.K. Pandey, Judicial Magistrate, 1st Class, Patna and his judgment will govern all of them. There are six petitioners in Cr. Misc. No. 30780 of 2002 while in Cr. Misc. No. 15357 of 2002 there are five petitioners. There is a sole petitioner, Kameshwar Prasad alias Kamleshwar Prasad in Misc. No. 10899 of 2002. In all of them the prayer has been made for quashing the order dated 26/3/1999 by which cognizance of the offence under Sections 420, 406, 506 and 120-B/34 of the Indian Penal Code and also under Section 3/4 of the Dowry Prohibition Act has been taken. Prayer in all of them has been made to quash the entire criminal proceeding noted above as also the order dated 26/3/1999.

(2.) Since the facts of these three cases as also the prayers made therein are similar I will refer to the petition filed in Cr. Misc. No. 30780 of 2002 mainly. It appears that opposite party No. 2, Rajendra Prasad the informant had filed a written petition addressed to Sr. Superintendent of Police, Patna on 2/1/1998 alleging therein that all the petitioners mentioned above as also 5-6 unknown persons fraudulently tried to get his daughter Ragini Kumari married to Rajesh Kumar (petitioner No. 3). The marriage was settled and on 8/6/1997 the ceremony of Cheka was also performed in which gifts and presents as also cash worth Rs. 2,50,000.00 were paid to the bridegroom party. The date of marriage was fixed on 27/6/1997 which was subsequently shifted to Dec. 1997. On 16/10/1997 the informant Rajendra Prasad (O.P. No. 2) was called by the present petitioners at their residence for fixing the date of marriage on 3/12/1997. However, subsequently demand for more dowry was made by the bride-groom (petitioner No. 3) on which the informant agreed only to give a Hero Honda Motor Cycle. In the meantime the informant came to learn that the petitioner No. 3 was kidnapped by one Tito Mandal (petitioner No. 6) and he was not being allowed to return back to get his marriage performed. Subsequently it was also learnt by opposite party No. 2 that as a matter of fact petitioner No. 3 had already performed court marriage on 21/7/1997 with Indu Patel (petitioner No. 2) the daughter of petitioner No. 6. The informant tried to find out the where-abouts of petitioner No. 3, Rajesh Kumar to press him for the return of the articles and cash given to him at the time of Chheka.

(3.) Opposite party No. 2 filed written fardbeyan to the Sr. Superintendent of Police, Patna giving out these details. This was sent to the Kadamkuan (Kan-kerbag) police station where a criminal case was registered on 11/1/1998 as Kadamkuan (Kankerbag) P.S. Case No. 25/98 under various sections of the Indian Penal Code and Dowry Prohibition Act (Annexure-1). The police after completing the investigation submitted charge-sheet. The learned Chief Judicial Magistrate in a mechanical way by his impugned order dated 26/3/1999 took cognizance of the offence and transferred the case to the Court of the Judicial Magistrate, 1st Class, Patna for disposal.