MANGANI LAL MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present petition, under Sec. 482 Cr.PC, has been preferred against the impugned order dtd. 7/6/2015/8/6/2015, passed by learned Sub Divisional Judicial Magistrate, Jhanjharpur, Madhubani, whereby learned S.D.J.M. has taken cognizance of the offence punishable under Ss. 341, 323, 337, 504, 506, 498A and 494 read with Sec. 34 of the Indian Penal Code against seven accused, including the present petitioner.

(2.) The prosecution case, as emerging from the FIR, lodged by one Ashish Rajan, son of the accused-petitioner, is that the father of the informant, who is the petitioner herein, is keeping one Arti Devi as his wife. The said Arti Devi, is already a married lady, having two children. On her instigation, the petitioner-father has stopped maintaining the informant and his mother and have been torturing them in various ways and even transferring land in the name of the said Arti Devi. On protest by the mother of the informant, she was assaulted on the order of the petitioner herein by Arti Devi, Deepak Mandal, Ajit Mandal, Harinarayan Yadav and Gulab Yadav. On hulla, when the brother of the informant came to rescue them, he was also assaulted by Anu Kumar.

(3.) After lodging of FIR, investigation was conducted by the police and charge-sheet was submitted against all the FIR named accused persons and after charge-sheet, Ld. S.D.J.M. has passed the impugned order, whereby he has taken cognizance against the accused persons including the petitioner. Being aggrieved by the impugned order, the petitioner has preferred the present petition.