YOGENDRA SINGH Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) This revision application is directed against the order dated 3.2.2016 passed by Sri Akhilesh Kumar, Judicial Magistrate, 1 st Class, Vaishali at Hajipur in Case No. 4104 of 2014/Trial No. 1528 of 2016 whereby the protest-cum-complaint of the complainant-petitioner has been rejected and also for direction to the learned Magistrate to take cognizance or to make further inquiry.

(2.) The case of the complainant-petitioner is that he filed a complaint petition on 8.1.2013 being Complaint Case No. 97 of 2013 for the offences under Sections 304B, 498A and 120B of the Indian Penal Code against respondent Nos. 2 to 4. The above complaint was sent to the police for registration of police case under Section 156(3) of the Criminal Procedure Code and Hajipur Sadar P.S.Case No. 08 of 2014 was registered under Sections 304B and 498A IPC. It is also his case that since the police neglected in conducting investigation and arresting the accused persons, petitioner filed a protest-cum-complaint petition on 6.3.2014 itself before the Magistrate. It is also his case that during investigation neither police traced out the dead body of the deceased nor arrested the accused persons nor taken statement of the witnesses and in connivance final form has been submitted on 21.9.2014 stating that aforesaid case appears to be a mistake of fact against the accused and in spite of protest petition filed by the complainant the final form was accepted by the Magistrate vide order dated 10.12.2014. However, he has proceeded with protest-cum-complaint petition which was numbered as 4104 of 2014 and sent for inquiry before Sri Akhilesh Kumar, Judicial Magistrate, 1st Class, Vaishali at Hajipur. Learned Magistrate after inquiry dismissed the protest-cum-complaint petition filed by the petitioner vide impugned order.

(3.) Being aggrieved by the dismissal of the complaint case on inquiry the present revision application has been filed on the ground that it is settled principle of law that during inquiry under Section 202 Cr.P.C. while deciding whether to proceed with the matter, Magistrate has only to see that sufficient ground for proceeding in the matter is available and allegation itself makes out the offence, nothing more he has to look into but in the present case in spite of the material collected during inquiry, i.e., statement of witnesses that the daughter of the complainant was subjected to cruelty with respect to demand of land and she was made traceless, the protest-cum- complaint petition filed by the petitioner has been rejected. Further ground is that there are also errors on record as while passing the impugned order, the learned Magistrate has observed that the witnesses examined during inquiry are not the cited witnesses of the complaint petition, but all the witnesses examined during inquiry are named in the protest-cum-complaint petition. Further learned Magistrate has observed that there is no eye-witness to the occurrence and there is no scientific or direct proof of the death of daughter of complainant and though there is material to show that there was demand of money and she was tortured for that in her sasural but no complaint was made anywhere but all the above findings are absurd in view of the fact that in a case under Section 304B or 498A IPC ordinarily direct evidences are not available and complainant has come with a case that she is traceless from the house leading to the fact that she has been killed but the Magistrate in spite of the above facts dismissed the complaint-cum-protest petition filed by the petitioner.