BUDHI KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioners and learned counsel appearing for the opposite party no.2.

(2.) This application has been filed for quashing of the entire criminal proceeding of C.P. Case no.163 of 2013 including the order dated 22.7.2013 whereby and whereunder Judicial Magistrate, 1st class, Dhanbad has been pleased to take cognizance of the offences punishable under Sections 498A and 406/34 of the Indian Penal Code against the petitioner.

(3.) Learned counsel appearing for the petitioners submits that though in the complaint apart from the husband, mother-in-law, father-in-law, brother-in-law as well as Mosa and cousin of the husband have been made accused but in the statement made on solemn affirmation, the complainant has attributed allegation with respect to demand and subjection to torture against the husband only and thereby the court has committed illegality in taking cognizance of the offence against other persons.