TARAK NATH DUBEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The instant revision application is directed against an order passed by the learned Sub-Divisional Judicial Magistrate, Sarat at Chapra in complaint Case No. 2890 of 2014 on 31/8/2019 rejecting the prayer for discharge of accused No.2, Taraknath Dubey, who is petitioner herein, on the ground that no case against the said accused has been made out which, if unrebutted, would warrant his conviction.

(2.) It is evident from the record that in the aforesaid complaint case, cognizance was taken against the petitioner and the husband of the complainant under Ss. 498(A) of the Indian Penal Code (for short I.P.C.). It is also not in dispute that the accused persons are the husband, father-in- law, mother-in-law and sister-in-law of the complainant.

(3.) As the case under Sec. 498(A) of the I.P.C. is triable under warrant procedure instituted otherwise than on police report, the complainant, her father and elder brother deposed at the time of evidence before the charge.