BRAJ NANDAN YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appears that Opposite Party no.2 lodged Fardbeyan against the petitioners before Khagaria (Town) Police Station upon which the Khagaria P.S. case no. 201 of 2001 was registered against the petitioners under Sections 498-A/379/34 of the Indian Penal Code as well as Sec. 3/4 Dowry Prohibition Act, The police after investigation submitted chargesheet against the petitioners under the above Sections.

(2.) The petitioners preferred Criminal Miscellaneous before the Hon ble Court against the order of cognizance. The matter was ultimately heard and decided by the Hon ble Court on 3.9.2003 vide Cri. Misc. No. 36230 of 2002 thereby and thereunder the Hon ble Court quashed the cognizance taken against the petitioners under Sec. 3/4 Dowry Prohibition Act. However, cognizance under Sections 498-A/379/34 of the Indian Penal Code was confirmed. It further appears then on the basis of the above order of Hon ble Court the petitioners filed a petition under Sec. 239 of the Code of Criminal Procedure before the Court below i.e. Sub-divisional Judicial Magistrate, Khagaria. The Court below after hearing both the parties vide order dated 13.12.2005 rejected the petition of the petitioners filed under Sec. 239 of the Code of Crminal Procedure and directed to frame charge against them under Sections 498-A/379/34 of the Indian Penal Code as well as under Sec. 3/ 4 Dowry Prohibition Act. which has already been quashed by the Hon ble Court.

(3.) These petitioners preferred revision before the Sessions Judge against the same order which was ultimately heard by him. Learned Sessions Judge, Khagaria vide order dated 27.3.2006 passed in Criminal Revision No.5/06 confirmed the order of the learned Sub-divisional Judicial Magistrate.