RANA CHAKRABORTY Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioners and learned counsel for the State. No one has appeared on behalf of O.P. No. 2 when the matter was called out despite her having entered appearance.

(2.) THE petitioners would be the husband and wife respectively. They would be aggrieved by the order of cognizance dated 2.7.2003 in Complaint Case No. 1061/03 by the S.D.J.M., Patna under Sections 494 and 498A of I.PC. and under Sections 3/4 of Dowry Prohibition Act.

(3.) HAVING considered the facts and circumstances of the case and the allegations has made in the complaint, this Court upholds the submissions made on behalf of the petitioners. This Court is, therefore, satisfied from the allegations made no offence can be stated to have been made out against the petitioners under Section 498A of I.P.C, they admittedly not being the relatives of the husband as per the allegations in the complaint. For the same reason, the complaint would at best allege extra marital relations between petitioner No. 2 and the husband of the complainant for which Section 494 of I.P.C. could not be invoked.