HARISHCHANDRA PRASAD MANI, MONIKA MANI, ABHISHEK MANI AND SHARDA SINHA Vs. STATE OF JHARKHAND AND SURESH CHANDRA SINHA

JUDGEMENT

(1.) HEARD the parties.

(2.) THE petitioners have prayed for quashing of the order dated 12/04/2005 taking cognizance of the offence under Section 302, 201, 328 and 120B of the Indian Penal Code against the petitioners mainly on the ground that the learned Judicial Magistrate without application of his judicial mind and without considering the materials on record has, in a very routine manner, taken cognizance of the aforesaid offences against the petitioners.

(3.) THE allegation in the F.I.R. in short is that the son of the informant Rajnish Kumar was married to the accused Monika Mani (petitioner No. 2 herein) and she had developed illicit relationship with the accused named in the F.I.R. namely, Prabhat Kumar Srivastava. The accused daughter -in -law of the informant Monika was in habit of spending money unnecessarily and she used to put undue pressure on her husband for wasteful expenditure. The son of the informant was of a very docile nature and he could not object to such an act of his wife because his wife used to creates scenes in the state of anger and she also used to insult her husband off an on. It was further alleged in the F.I.R. that the son of the informant also caught his wife and his paramour red handed in some compromising position and, thereafter, it is alleged that the accused persons by hatching conspiracy committed murder of his son at Ramgarh and brought the dead body to Biharsharif with a false death certificate and, then, the dead body was cremated at Patna. - The informant alleged in the F.I.R. that he came to know subsequently that his son, in fact, did not die due to illness or disease rather he was murdered by the accused persons and then the informant lodged the case before the police against the petitioners.