PRIYA DUBEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This application has been filed for quashing of the order dated 30.06.2010 passed by the then learned Additional Chief Judicial Magistrate, Bermo at Tenughat in Complaint Case No.01 of 2010, whereby and whereunder, cognizance of the offences punishable under Sections 211 and 220 of the Indian Penal Code was taken against the petitioner.

(2.) Before adverting to the submissions advanced on behalf of the petitioner, the fact of the case needs to be taken notice of.

(3.) It appears that on the basis of fardbeyan given by Hiriya Devi, wife of the deceased-Ram Prasad Kandu, a first information report was lodged as Nawadih P.S. Case No.103 of 2008 under Section 302 of the Indian Penal Code, on the allegation that while her husband Ram Prasad Kandu was present in his shop, one Narayan Kandu (accused), cousin of the deceased, came over the shop. There on the point of return of the cement, altercation took place between them. During that course, the accused, caught hold the husband by neck and took him outside of the shop by dragging. There, he put him down on the earth and continued to press his neck. Other persons came for his rescue. The husband of the informant was taken to the house where he slept in the night, but in morning he was found dead.