Patna High Court - Orders
Smt.Sunita Devi @ Sunita Kumari & Ors vs State Of Bihar & Anr on 22 October, 2008
IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.16045 of 2007
1. SMT.SUNITA DEVI @ SUNITA KUMARI
2. ABHAY KUMAR
3. SANJAY KUMAR
........PETITIONERS
Versus
1. STATE OF BIHAR
2. NAGESHWAR PRASAD
.....OPPOSITE PARTIES
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8. 22.10.2008. This application under Section 482 Cr.P.C. has been filed for quashing of the impugned order of cognizance dated 25.3.2006 passed by Chief Judicial Magistrate, Nawadah in Rajauli P. S. Case no. 98 of 2005 thereby the cognizance under Sections 341, 342, 323 & 498 A of the I.P.C and 3/4 of the Dowry Prohibition Act. has been taken against these petitioners and others.
Heard learned counsel for both the parties.
The submission of learned counsel for the petitioners is that petitioner no. 1 is married nanad and petitioner nos. 2 and 3 are Dewars of the victim lady. Petitioner nos. 2 and 3 are students and studying in college at Patna. They have been falsely implicated in this case. The husband and mother-in-law are already also accused in the same. The main grievance is against the husband and mother-in-law. These petitioners have been implicated in order to harass them and pressurize the other accused persons.
On the other hand, learned counsel for the opposite party submits that these petitioners also tortured the victim and therefore they have been implicated as accused. Police also after investigation submitted charge-sheet against these petitioners. -2-
Considered the submission of learned counsel for both the parties and perused the fard beyan.
Under the facts and circumstances, it is quite clear that petitioner no. 1 is married nanad and petitioner nos. 2 and 3 are students studying at Patna. Apparently, they have been implicated in this case in order to harass them.
Having regard to the facts and circumstances, it is quite apparent that prosecution of these petitioners is out and out misuse of the process of the court. They have been implicated in this case with ulterior motive. Accordingly, this application is allowed. Impugned order of cognizance dated 25.3.2006 passed by Chief Judicial Magistrate, Nawadah in Rajauli P. S. Case no. 98 of 2005 against these petitioners only is hereby quashed.
kanchan (Ghanshyam Prasad, J.)