NAKSHTRA KUMAR MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard both sides and perused the record.

(2.) This criminal miscellaneous application under section 482 of the Code of Criminal Procedure, has been filed to quash the order dated 12.03.2014 passed by the learned SubDivisional Judicial Magistrate, Katihar in Complaint Case No. 2003 of 2013 whereby and whereunder the learned Magistrate finding prima facie case for the offence under section 498A/34 of the Indian Penal Code, summoned the petitioners.

(3.) The opposite party no. 2 filed a Complaint Case No. 2003 of 2013 against these petitioners, who are her husband and in-laws alleging therein that they used to torture and assault her, as she being Government service refused to pay money to them from her salary. In course of enquiry, the complainant and her witnesses supported the allegation of torture and the learned Magistrate accordingly took cognizance of offence and summoned the petitioners.