BRAJ KISHORE PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is an application u/s. 482 of the Code of Criminal Procedure. 1973 (In short "the Code"), by which the petitioners have made a prayer for quashment of the order dated 24.11.2005 of Sub Divisional Judicial Magistrate, Nalanda, passed in Complaint Case No. 161(C)/2004, corresponding to Bihar P.S. Case No. 54 of 2004 by which the learned Court below has refused to discharge the petitioners from the charges under Secs. 498A, 406. and 323 read with Sec. 34 of the Indian Penal Code, 1860 .

(2.) THE instant trial arises out of a complaint filed by the complainant -wife, Khusbu Kumari, against her husband, and the petitioners, alleging, inter alia, that she was married with Sanjay Kumar, in the year 2003, who was engaged in a partnership business with petitioners. After the marriage when the complainant came to live with her husband, she found that Braj Kishore Prasad was also living there along with his family. In course of time, the complainant gathered that her husband had illicit connection with petitioner No. 3. the wife of petitioner No. 1. and when she objected to it, her husband and the petitioners began to torture her, both mentally and physically. whereupon her father brought her with him. The complainant further alleged that the accused petitioners and her husband demanded Rs. 50,000.00 from her. if she wanted to live with him separately. One night she found her husband and petitioner No. 3 sleeping on the same bed. When she protested, all the accused persons assaulted her and drove her out from the house.

(3.) IN order to avail the inherent powers of the High Court u/s. 482. of the Code for quashment of the Criminal Proceedings. it has to be shown that there is exceptional case for exercise of such powers. While exercising the jurisdiction u/s. 482 of the Code, the High Court would not embark upon a fresh inquiry - whether the allegations against the petitioners in the complaint is likely to be established or not. The power u/s. 482 of the Code, as per the settled proposition of law, has to be exercised sparingly. Such powers are extra -ordinary powers and are designed to help those persons against whom, on plain reading of the complaint petition or relevant papers, no offence is made out or constituted. The interference in minor matters with the help of Sec. 482 of the Code would be warranted only when the complaint or the first information report or the Police papers do not, even on plain perusal, constitute, prima facie, any offence against the accused persons.