SANJEET KUMAR @ SANJEET KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner as well as learned APP for the State.

(2.) This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the cognizance order dated 13.05.2013 passed by Railway Judicial Magistrate, Patna in Bakhtiyarpur Rail Police Station (Rail P.S. Fatuha) Case No. 87 of 2012 whereby the learned Magistrate took cognizance of the offence under Sections 379 and 354 of the Indian Penal Code against the petitioner.

(3.) It has been submitted by learned counsel for the petitioner that the petitioner happens to be Assistant Professor in Physics department of S.Y.N.M. College, Daltanganj and was doing research work related to UGC project under Dr. Manoranjan Kar, Assistant Professor, I.I.T., Patna and for the said purpose he was at Patna from 24.12.2012 to 27.12.2012. It is further submitted that her sister Tinki Singh was married to one Saurav Kumar @ Shravan Kumar in the year 2011 on the basis of the information gathered from the matrimonial advertisement in the newspaper to the effect that aforesaid Saurav Kumar is an engineer which proved to be false and her sister was subjected to torture over non-fulfillment of dowry demand. So she filed a complaint against her husband and in-laws including elder brother of her husband namely Sanjay Singh and due to filing of the aforesaid case, elder brother of her husband hatching conspiracy got the aforesaid case lodged against the petitioner by the sister of his maid. No such occurrence as alleged ever took place and there is no material on record indicating the complicity of the petitioner in the occurrence. Hence, taking of the cognizance of the offence against the petitioner is sheer abuse of process of law. Hence, impugned order is liable to be quashed.