MAIMUN KHATOON Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Instant petition has been filed for quashing of order dtd. 29/1/2022 passed by Chief Judicial Magistrate, Koderma whereby and whereunder prima facie case has been made out under Ss. 498A, 34 of the Penal Code, 1860 and process have been directed to be issued against the petitioner/accused persons.

(2.) The petition has been filed on the ground that earlier on same allegation Purulia (T) P.S. Case No. 23 of 2021 was registered on 3/3/2021 under Ss. 498A, 323, 325, 326, 307, 34 of the I.P.C. and Sec. 4 of D.P. Act on the basis of written report lodged by this very complainant against these petitioners and after a week on 10/3/2021, instant petition has been filed on identical charges against same set of accused persons which is impermissible in view of ratio decided in the case of Krishna Lal Chawla v. State of U.P. passed in Cr. Appeal No. 283 of 2021 by Hon'ble Apex Court.

(3.) It is further submitted that entire family has been implicated in this case on the basis of general and omnibus allegation against the entire family members who are distant in-laws and are not living at the same place and there is no specific allegation against the petitioners in the complaint petition. Reliance in this regard has been placed in the case of Kahkashan Kausar @ Sonam v. The State of Bihar, 2022 SCC OnLine SC 162.