ANAMIKA KUMARI@ NISHA KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 26.07.2013 passed by the Sub-Divisional Judicial Magistrate, Muzaffarpur, in Complaint Case No.2957 of 2012/Tr. No.2276 of 2013 by which the learned Magistrate after holding enquiry has found prima facie case under Section 498-A/34 Indian Penal Code against the petitioners along with other accused persons named in the Complaint Petition.

(2.) Petitioner No.1 is elder brother and petitioner No.2 is sister-in-law (Bhabhi) of husband of the Complainant. Petitioner No.3 is not a family member.

(3.) Initially, the Opposite Party No.2 filed Kazi Mohammadpur P.S. case no. 174 of 2011 in which police after investigation submitted Final Form against all these petitioners. Charge-sheet was submitted by the police only against husband under Section 498-A Indian Penal Code. Thereafter, on the basis of protest filed by the informant, the Court below proceeded for enquiry treating the protest as Complaint Petition under Section 202 Cr. P. C. and after holding enquiry found prima face case against these petitioners also for the offence under Section(s) 498-A/34 Indian Penal Code by the impugned order.