KAMAL DEV GIRI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) These writ applications filed for quashing the order dated 16.03.2005 passed by Sub-divisional Judicial Magistrate, Ranchi in Complaint Case No. 1164 of 2004, whereby and whereunder he took cognizance of the offences against the petitioners under section 498A of the Indian Penal Code and Section 3 / 4 of the Dowry Prohibition Act. It is relevant to mention that W.P. (Cr.) No. 201 of 2005 fried by father-in-law, mother-in-law and two sister-in-laws of complainant, whereas W.P. (Cr.) No. 205 of 2005 filed by husband of complainant.

(2.) Case of complainant in brief is that she married with Jitendra Giri on 01.05.2001 at Ranchi. It is stated that on 02.05.2001 she went to Delhi, where her husband and other inmates of his family reside. It is stated that at Delhi she was tortured by the petitioners for demand of dowry. It is further stated that because of ill-behaviour of petitioners, complainant came to Ranchi on 20.11.2002. It is stated that while the complainant was coming to Ranchi, petitioners demanded remaining amount of car and threatened that if she will return without aforesaid amount, she will not be allowed to enter in the house. It is further stated that from Ranchi she informed the petitioners about her pregnancy, but after hearing the news they remain cool. However, on 15.06.2002 complainant gave birth to a male child. It is further alleged that husband of complainant came to Ranchi on 14.08.2002 to see the child but he had not attended Sataisaa Ceremony. It is further alleged that husband of complainant at that occasion abused and assaulted her and threatened to kill her. Accordingly, present complaint filed against the accused-petitioners at Ranchi.

(3.) It appears that learned Sub-divisional Judicial Magistrate, Ranchi after examining complainant on S.A., conducted inquiry under section 202 of the Cr.P.C. and recorded statement of witnesses adduced on her behalf. It then appears that learned Sub-divisional Judicial Magistrate took cognizance of the offences against petitioners under section 498A of the Indian Penal Code and section 3/ 4 of the Dowry Prohibition Act vide order dated 16.03.05. Aforesaid order challenged in present writ applications.