SIDHARTH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is an application u/s. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) for quashing the order dated 5.7.2003 passed by the learned Sub -Divisional Judicial Magistrate, Patna in Complaint case No. 1434(C) of 2003 by which he has taken cognizance and ordered to issue summons against the petitioners for standing trial under Secs. 498 -A of the Indian Penal Code and Secs. 3/4 of the Dowry Prohibition Act, and also for quashing the order dated 18.12.2004 passed by the learned Sub -Divisional Judicial Magistrate refusing to discharge the petitioners u/s. 245(1) of the Code.

(2.) HEARD ,

(3.) AT the outset it must be mentioned that though the order of issuance of summons to the petitioners was passed on 5.7.2003, no petition for quashing was filed earlier and when after the evidence of five witnesses the petition for discharge was rejected on 18.12.2004 the application for quashing both the orders was filed which is not desirable.