KISHORI PRASAD DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this is an application under Section 482 of the Code of Criminal Procedure, 1973 (IN short "the Code"), the challenge is against the order dated 21.4.2005 of the learned Sessions Judge, Purnea, passed in Cr. Rev. No. 431 of 2004 by which the revision petition challenging the order dated 20.11.2004, passed by the Chief Judicial magistrate, Kishanganj, by which he has taken cognizance of the offence under Section 498A of the INdian Penal Code, in Complaint Case No. 92-C/04, came to be dismissed. The petitioner has invoked the benefit of the provisions of Section 482 of the Code for getting the impugned order of the learned Sessions Judge, quashed on the ground that the order of the learned trial court issuing processes is not a final but interlocutory order.

(2.) THE instant trial arises out of a complaint filed by the complainant against her husband, and other accused persons including the petitioners. THE husband is not the petitioner here. It is alleged that the complainant was married with Chandan Kumar Das and out of that wedlock, a son was also born but for 4-5 months, her husband and in-laws started torturing and assaulting her and making demand for a motorcycle, and, for non-fulfilment of the same, they drove her out from the matrimonial house. Though at that time the matter was settled and a compromise was arrived at but the accused persons again started making demand for the motorcycle and kicked her from the house.

(3.) THERE is no dispute about the fact that there is no other provision for challenging the order of the learned Sessions Judge passed in the revision. Since the revisional powers are concurrent, only remedy available, therefore for the petitioners, is under Section 482 of the Code read with Section 483 of the Code. Section 482 of the Code reads thus: Saving of inherent powers of High Court. - Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any court or otherwise to secure the ends of justice.