SANJU SINHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) 7/04.05.2012 This application under Section 482 CODE OF CRIMINAL PROCEDURE, 1973 has been filed by the petitioners for quashing the entire criminal prosecution of the petitioners arising out of Complaint Case i.e. C.P. Case No. 40 of 1999 [T.R. No. 463 of 2001] , then pending in the Court of Judicial Magistrate, Bermo at Tenughat

(2.) IT is submitted by the counsel for the petitioners that the opposite party no. 2 - Upendra Prasad is the son-in-law of petitioner nos. 2 and 3 and he had lodged a false case vide C.P. Case No. 40 of 1999 in which the learned Magistrate, without applying his judicial mind, had directed the petitioners to face trial for the offence under Sections 498, 323 and 379 of the Indian Penal Code vide order dated 08.04.1999. IT is further submitted that the allegations has been raised against the petitioners for committing offence under Section 498 of the Indian Penal Code and the complaint has been made against the wife of the opposite party no. 2 namely Ranjana also, and the Court has taken cognizance against her too.

(3.) THE opposite party no. 2 has appeared and filed counter affidavit but today the counsel is not present to place the matter on his behalf. However, I have gone through the records including the counter affidavit and the documents annexed therewith. It reveals from the order dated 22.07.1999 that these petitioners had appeared before the Court below but they had stopped taking steps and, therefore, warrant of arrest against them was issued on 22.07.1999. It appears that after issuance of warrant of arrest to frustrate the order of Court below by which warrant of arrest has been issued, this Criminal Misc. application has been filed to quash the entire proceedings arising out of C.P. No. 40 of 1999. No such petition was preferred just after the Order under Section 204 CODE OF CRIMINAL PROCEDURE, 1973 was passed. Furthermore, the learned Magistrate has directed the accused persons named in the Complaint to face trial for the offences under Sections 498, 323 and 379 of the Indian Penal Code.