MOSTT KAMLA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application filed under Section 482 of the Code of Criminal Procedure for quashing the order dated 7.5.2002 passed by the Chief Judicial Magistrate, Nalanda at Bihar Sharif by which he has taken cognizance against the petitioners under Section 365/34 of the Indian Penal Code finding a prima facie case against them.

(2.) The facts arising out of the present miscellaneous case are that one Manmohan Kumar filed a complaint case against the petitioners alleging therein that his mother, who was working as Angan Bari Sevika, had gone to her office and did not return. The informant searched for her at several places including her nailvxr, but she could not be traced. Later on her dead body was recovered.

(3.) The case of the complainant is that there was some land in the. share of her mother in her makie. She was desirous to take her share but her relatives in her maike were not willing to give her share. Hence, he suspected that on account of the said pressure by her mother on her makie people she has been murdered by them. The complaint case was sent to the concerned police station for investigation. The police submitted final report in the case as not true. A petition was also filed by the police to initiate proceeding under Section 211, Cr PC as against the informant/complainant. The learned Chief Judicial Magistrate after looking into the complaint petition, protest petition as also the police report and the case diary found that there was prima facie case against the accused persons (petitioners in the present quashing application) under Section 365/34 of the Indian Penal Code. He took cognizance in the case and directed for issuance of summons against them transferring the case to the Court of Sri Alik Kumar Singh, Judicial Magistrate, 1st Class, Bihar Sharif for disposal.