ARVIND SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner herein who happens to be the complainant of Complaint Case No. 250 of 2003 prays for the quashing of the order dated 6.5.2003 passed by the learned Chief Judicial Magistrate, Kaimur at Bhabhua whereby he has dismissed the said complaint under Section 203 Cr.P.C. on the ground that the earlier complaint case preferred by the self -same complainant had been dismissed for non -prosecution and the instant complaint case, filed after a delay of over one year for which there was no satisfactory explanation, was in an effort to revive the case in connection with Ramgarh P.S. Case No. 112. of 2000. A further prayer has been made for quashing order dated 23.9.2006 passed by the learned Presiding Judge, Fast Track Court No.V, Kaimur at Bhabhua whereby Criminal Revision No. 108 of 2003 pre - ferred against order dated 6.5.2003 has also been dismissed.

(2.) IT appears that on the basis of a written information submitted by the petitioner herein inter alia alleging that opposite party Kanti Devi Versus Bank Of Baroda nos. 2 to 4 herein had killed his sister, Mansa Devi, within 5 -6 years of her marriage on account of non -fulfillment of dowry demands, Ramgarh P.S. Case No. 112 of 2000 was registered wherein the police after due investigation submitted a final form. Upon filing of a protest petition the same proceeded as Complaint Case No. 513 of 2001 and was dismissed on 4.1.2002 for non -prosecution. The petitioner filed a fresh complaint case bearing No. 250 of 2003 which as stated above and the resultant Criminal Revision No. 108 of 2003 were also dismissed.

(3.) THE matter stands concluded by two decisions of the Apex Court in Pramatha Nath Taluqdar V/s. Saroj Ranjan Sarkar, AIR 1962. SC 876 and Maj. Genl. A.S. Gauraya V/s. S.N. Thakur, 1986 2 SCC 709.