EQBAL ALAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application at the instance of two accused-petitioners under Section 482 of the Code of Criminal Procedure, 1973, is directed against the order dated 12-4-94, passed by the learned Additional Sessions Judge, Nalanda, at Biharsharif, in Cr. Revision No. 621 of 1992, whereby the revision application has been dismissed, and the order dated 1-10-92, passed by the learned Chief Judicial Magistrate, Nalanda, in complaint case No. 404-C/92, has been upheld. The learned CJM by the said order dated 1-10-92, has taken cognizance of the alleged offences under Sections 120-B, 109, 406 and 420, I.P.C., and has summoned the petitioners herein to stand their trial.

(2.) According to the allegations in the petition of complaint, O.P. No. 2 herein, the complainant, is the second wife of her late husband, late Rafiqe Alam. Her husband was a prosperous businessman who died a premature death leaving behind a large corpus of properties. He left behind his first wife with seven children, and the present, wife with four children. Petitioner No. 2 is the father of late Rafique Alam and petitioner No. 1 is his full brother. The petitioners and O.P. No. 2 have been living in the same house on different floors.

(3.) With these allegations, the aforesaid Complaint Case No. 404-C/ 92 was registered in the Court of learned CJM, Nalanda, who passed the impugned order in the aforesaid manner.