SHANKAR PATEL Vs. STATE OF BIHAR

JUDGEMENT

(1.) This Criminal Misc. application has been filed for quashing the order dated 13.12.2001 passed in Complaint Case No. 921 of 2001/Trial No. 396 of 2002 by Sri S.P. Singh, Judicial Magistrate, First Class, Gaya whereby cognizance has been taken against the petitioners for the offences under Sections 148, 448 and 380 of the Indian Penal Code.

(2.) The complainant-Opposite Party No. 2 lodged a complaint petition on 1.10.2001 against the petitioners. The allegation and the case of the complainant in the complaint petition is that on 29.9.2001 at 5.30. P.M. the petitioners and two other unknown persons armed with firearms entered into the house of the complainant and looted the ornaments and cash worth Rs. One lac five thousand after breaking open the two boxes kept inside the house. Thereafter they assaulted mother-in-law of the complainant with fists and slaps and butt of the Gun and fled away with looted articles on jeep on which they had come. The occurrence was witnessed by the inmates of the house and also by the neighbors, who were present there. The motive for the occurrence as alleged in the complaint petition is that one Pranav Kumar, who is brother of the husband of the complainant is married with Ranjeeta, daughter of Shankar Patel-petitioner No. 1, who had gifted cash and ornaments and on instigation of her father Ranjeeta was asking for that money and other articles due to which quarrel had taken place in past. Shankar Patel had also threatened to implicate all the members of the family of complainant in a false case of dowry and torture of Ranjeeta.

(3.) According to the case of the petitioners, the complaint petition is a counter blast with a view to pressurise the petitioners, who earlier filed a case for the offence under Sec. 498(A) of the Indian Penal Code and Sec. 3/4 of the Dowry Prohibition Act against the husband and other family members of the complainant being Bhagwanpur P.S. Case No. 149 of 2000. It has been stated that Ranjeeta Kumari @ Guddi is daughter of petitioner No. 1 and full sister of petitioner Nos. 2 & 3, and petitioner No. 4 is her cousin (Mamera Bhai) and petitioner No. 5 is her Mama. She was married to one Pranav Kumar, full brother of husband of the complainant on 18.4.2000. It is further stated that Pranav Kumar, his father, mother, brothers, sister and brother-in-law including the husband of the complainant extracted huge amount as dowry from the father of Ranjeeta, namely, petitioner No. 1. However, Ranjeeta was tortured in various ways by her husband and in-laws after the marriage and when all attempts to settle her life peacefully failed she was driven out from her Sasural. Ultimately she filed complaint petition in the Court of Chief Judicial Magistrate, Hajipur, who referred the case to the Police for instituting a F.I.R. and investigation.