BRAJESH KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioners, learned A.P.P. for the State as also learned counsel for the complainant O.P. No. 2. The petitioners are aggrieved by the order dated 4.8.2012 passed by Sri Taufique Ahmed, learned Judicial Magistrate, 1st Class, Jamshedpur, in Complaint Case No. 304 of 2009, whereby the application filed by the petitioners for discharge has been rejected by the Court below, finding that there are sufficient material against the petitioners for framing the charge under Section 498A of the Indian Penal Code.

(2.) Complaint Case No. 304 of 2009 was filed by the complainant-OP. No. 2 before the learned Chief Judicial Magistrate, Jamshedpur, making allegations of cruelty and torture for demand of dowry against the petitioners, who are husband, brother-in-law, father-in-law, mother-in-law and sister-in-law of the complainant. Though, there are allegations against all of them, in paragraph-9 of the complaint petition, it is stated that all the matters were mutually settled in the presence of all the family members of the complainant and the accused, and the complainant was again taken to her in-laws place. It is alleged that on 20.5.2007, the husband, brother-in-law, father-in-law and mother-in-law of the complainant tried to kill the complainant by cooking gas, giving the occurrence a look of accident, but the complainant learnt about their plan and fled away.

(3.) It appears that the statement of the complainant was recorded on solemn affirmation, and some witnesses were examined by the complainant before charge, who supported the complainant's case. Thereafter, the petitioners filed the application for discharge, which was rejected by the Court below, staling that there are materials against these petitioners for framing the charge under Section 498A of the Indian Penal Code.