RAJIV KUMAR @ RAJIV SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) RAJIV Kumar @ Rajiv Sinha and Varuna Kumari @ Varuna Sinha, both resident of Mohalla Daudpur Kothi, RS. Bramhapura, Dt. Muzaffarpur, have filed this application for quashing the cognizance order dated 6.4.2005 and the entire criminal proceeding initiated against the petitioners and others, whereby on the basis of consideration of complaint petition and the statement of the complainant on oath, the learned Judicial Magistrate, Kishangunj, has taken cognizance under Sections 498A, 323, 379, 384, 120B of Indian Penal Code in Complaint Case No. C245/2005.

(2.) HEARD learned counsel for the peti - tioners, O.P. No. 2 and learned Additional Public Prosecutor for the State. O.P. No. 2 Archana Sinha had filed a complaint petition before the Chief Judicial Magistrate, Kishangunj, bearing Complaint Case No. C245/2005 against her husband Aditya Kumar Sinha and others including these petitioners in respect of her torture, humiliation and assault due to non - fulfilment of dowry demand under Sections 498A/34, 323, 379, 406, 337, 384 of Indian Penal Code as also Sections 4 and 5 of the Dowry Prohibition Act.

(3.) LEARNED Magistrate, Sri N. Mehatar, has passed the impugned order just on perusal of the complaint petition and the statement of the complainant on oath and arrived at this conclusion that a prima facie case is made out under Sections 498A, 323, 379, 384, 120B of Indian Penal Code against the accused persons.