BINAY KUMAR & BABLY Vs. STATE OF BIHAR

JUDGEMENT

(1.) FOUR of the five persons arrayed as accused in Complaint Case No. 1733(C) of 2005 have prayed for the quashing of the entire proceeding including the order dated 6.7.2005 passed therein by the learned Sub -Divisional Judicial Magistrate, Patna. whereby he took cognizance under Sections 380, 327, 365, 420, 468, 469 and 120B I.P.C.

(2.) ONE Arun Kumar, the complainant, impleaded herein as O.P. No. 2, filed the aforesaid complaint inter alia stating that he was married with accused no. 5, Manju Devi, in the year 1987 and out of the wedlock three children, one daughter and two sons were born and that the complainant was running a namkin bhandar in the name and style of "Priyanka Namkin Bhandar", at Chandmari Road. Patna. It is said that in due course he purchased a plot of land at Patna whereupon he started constructing a building, on completion whereof he with his wife started living therein. It is alleged that in the meanwhile accused nos. 1 to 4 developed a friendly and cordial relationship with his wife by virtue whereof and by black mailing her they gained complete control over her and she allegedly became the "hench woman" of petitioner Binay Kumar @ Babloo. It is further alleged that thereafter all the accused persons in concert with unknown others putting the complainant in fear made him sign a forged and fabricated affidavit duly prepared from before. It is also alleged that the accused persons took away all the ornaments, household utensils etc. His wife allegedly became traceless and she has not been recovered. Following an enquiry under section 202 Cr.P.C. cognizance was taken against all the petitioners herein. The propriety of the order taking cognizance was questioned before the Sessions Court in Criminal Revision No. 517 of 2005 which was eventually dismissed ceremoniously by order dated 18.10.2006 passed by the learned Additional Sessions Judge I, Patna. As a result thereof the order taking cognizance was upheld by the Revisional Court.

(3.) THE order of the Revisional Court was not sought to be put under test before any superior forum nor is a quashing thereof sought in this application. As such the said order taking cognizance has attained finality having been approved by the Revisional Court and not being questioned before any superior forum.