SUNIL PANDIT Vs. STATE OF BIHAR

JUDGEMENT

(1.) The instant revision is directed against the judgment and order of affirmation passed by the learned Additional Sessions Judge IIIrd Court at Samastipur on 28/6/2016, in Criminal Appeal No. 46 of 2011, whereby and whereunder the appellate Court maintained the order passed by the trial court, of conviction for the offence punishable under Ss. 498A of the IPC and Sec. 4 of the Dowry Prohibition Act and sentence of the petitioner to suffer imprisonment for three years and also to pay fine of Rs.1,000.00 with default clause for the offence under Sec. 498A of the IPC and rigorous imprisonment for one year with fine and default clause for the offence punishable under Sec. 4 of the Dowry Prohibition Act.

(2.) Without going into the merit of the case and the finding of both the trial court as well as the court of appeal, this Court finds on perusal of the petition of complaint, on the basis of which, Complaint Case No. 172 of 2004 was registered that the present petitioner is not a relative of the husband of the complainant as provided in Sec. 498A of the IPC. It is clearly stated by the complainant in page 04 of the complaint that the present petitioner who was arrayed as accused no. 4 was an advisor of other accused persons (xxx xxx xxx).

(3.) As the petitioner was made to suffer a criminal trial which is not maintainable against him and he was compelled to be confined in the correctional home at different points of time. This Court is of the opinion that the petitioner should be compensated since the petitioner was made to suffer the agony and trauma of a criminal trial as well as detention in custody for taking cognizance against him by the learned Magistrate and putting him in trial in a case which is not maintainable against him, the petitioner is entitled to get compensation at the rate of Rs.100.00 each payable by the learned Judicial Magistrate, namely, Sri Ramanand Ram, S.D.J.M, Dalsingsarai- Samastipur and Hanuman Prasad Tiwari, Additional Sessions Judge, IIIrd Court, Samastipur, on 28/6/2016.