KAMINI KUMARI Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard Sri Harendra Kumar, learned counsel for the petitioner, learned Addl. Public Prosecutor as well as Sri Pramod Kumar Singh, learned counsel who has appeared on behalf of opp. party Nos. 2 to 5. The petitioner, who is informant in Dumra P.S. Case No. 183 of 2005, has approached this Court invoking its inherent jurisdiction under Section 482 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C."), with a prayer to quash an order dated 25.5.2006 passed by the learned Chief Judicial Magistrate, Sitamarhi (for short "Magistrate"), whereby learned Magistrate has taken cognizance of offence under Section 504 of the Indian Penal Code (for short "IPC").

(2.) Learned counsel for the petitioner submits that instead of taking cognizance on the basis of materials on record for the offences under Sections 354 & 323 of the IPC, the learned Magistrate had taken cognizance only under Section 504 of the IPC.

(3.) The petitioner has further prayed for quashing of an order dated 12.8.2010 passed by the learned Judicial Magistrate 1st Class, Sitamarhi (for short "Trying Magistrate"), whereby, learned Trying Magistrate has rejected the petition dated 9.4.2009 filed by the petitioner for amendment of charge. The order dated 12.8.2010 was affirmed by the Revisional Court i.e. learned District & Sessions Judge, Sitamarhi in Cr. Revision No. 147 of 2010 on 25.10.2010, which was preferred by the petitioner.