MD. LAIKUDDIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned counsel for the respondents.

(2.) The present quashing petition has been preferred to quash the order dtd. 2/3/2015 passed in Complaint Case No. 20C of 2015, where learned Judicial Magistrate, IInd Class Jamui took cognizance for the offence punishable under Ss. 323 and 504/34 of the Indian Penal Code against the petitioners.

(3.) From the crux of complaint petition it appears that one Md. Sajid Ali @ Sanni lodged a complaint case before learned CJM, Jamui on 5/1/2015 alleging an occurrence on 25/12/2014 on the basis of which after enquiry under Sec. 202 Cr.P.C. cognizance has been taken against petitioners. It is further alleged by the complainant that his brother Waris Ali was married with accused Najneen Parween on 8/8/2014 but in that marriage accused cheated his brother and nikah was not performed with the girl shown by them rather with an aged girl due to that reason he divorced her on 30/8/2014 and also filed a case before the Family Court. It is also alleged that due to aforesaid reason all accused persons came to his house, abused and assaulted him and in the meantime Najneen Parween and Rabiya Khatoon entered into his mother's room and took away cash and ornaments and accused Lakuddin and Atikuddin (both petitioners) took his signature on blank papers on the point of knife.