SHOPHIYA KHATOON Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This revision application has been preferred by the accused-petitioners against the order dated 7th May, 2003 passed by the learned Sub Divisional Judicial Magistrate, Bokaro in G.R. Case No. 751 of 2001, whereby and whereunder, the petition under section 239 of the Cr. P.C. for their discharge has been rejected.

(2.) According to the petitioners, Opposite Party No. 2 Shabnam Khatoon, wife of Kamaluddin Ansari filed a Complaint Case No. 256 of 2001; in pursuance of which F.I.R. was instituted as Bermo P.S. Case No. 126 of 2001 and the police completed investigation.

(3.) After submission of charge-sheet, the learned A.C.J.M., Bermo at Tenughat took cognizance against the petitioners and Kamaluddin Ansari for the offences under sections 498-A of I.P.C. and sections 3/4 of Dowry Prohibition Act (for short D.P. Act). A Criminal Misc. Petition No. 238 of 2002 was filed before this Court under section 482 Cr. P.C. to quash the order of cognizance, but it was dismissed on 13th June, 2002 with observations that the petitioners may raise all the points before the trial Court at appropriate stage. Thereafter, the petitioners preferred petition under section 239 Cr. P.C. for their discharge, but it was rejected by impugned order dated 7th May, 2003.