Patna High Court - Orders
Md. Jahir & Ors vs The State Of Bihar & Ors on 4 April, 2012
Author: Jyoti Saran
Bench: Jyoti Saran
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13875 of 2012
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1. Md. Jahir Late Kamruddin R/O,Mohll.-Maulabag,Naya
Tola,Phulwarisharif,P.S.-Phulwarisharif,Dist.-Patna
2. Md.Jamil Late Kamruddin R/O,Mohll.-Maulabag,Naya
Tola,Phulwarisharif,P.S.-Phulwarisharif,Dist.-Patna
3. Shahjahan Khatoon W/O,Md.Jahir R/O,Mohll.-Maulabag,Naya
Tola,Phulwarisharif,P.S.-Phulwarisharif,Dist.-Patna
4. Shabnam Praween Md.Jahir R/O,Railway Qr. No.-7,Near Gorakhpur
Railway Station,P.S.-Gorakhpur,Uttar Pradesh
.... .... Petitioners
Versus
1. The State Of Bihar
2. Raushan Praveen Md. Maseem R/O,Mohll.-Baiganabad,P.S.-
Bihar,Dist.-Nalanda
.... .... Opposite Parties
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CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN
ORAL ORDER
02. 04-04-2012Heard Mr. Deepak Kumar, learned counsel appearing on behalf of the petitioners and Mr. J.N. Thakur, learned Additional Public Prosecutor for the State.
The petitioners are aggrieved by the order dated 09.06.2011 passed by the Sub-Divisional Judicial Magistrate, Nalanda in Complaint Case No. 450(C ) of 2011, whereby the learned Magistrate has been pleased to take cognizance of the offences punishable under Sections 498A, 323, 379, 504 and 494 of the Indian Penal Code and Sections ¾ of the Dowry Prohibition Act.
Whereas the petitioner nos. 1 and 2 are the elder brothers of the husband of the complainant-opposite party no. 2, the Patna High Court Cr.Misc. No.13875 of 2012 (2) dt.04-04-2012 2 petitioner no. 3 is the wife of the petitioner no. 1 and the petitioner no. 4 is their married daughter.
Learned counsel for the petitioners, with reference to the allegations set out in the Complaint, submits that apart from the fact that the allegations are not sustainable, the proceedings are in the nature of malicious prosecution is also apparent from the fact that this is the third Complaint at the instance of the complainant- opposite party no. 2. It is stated that the marriage having taken place in the year 1998 between the brother of the petitioner nos. 1 and 2 and the complainant-opposite party no. 2, following differences between the parties, the husband filed an informatory application in this regard on 27.05.2003 in the court of the Chief Judicial Magistrate, Patna. The fear expressed by the husband found its answer when the complainant-opposite party no. 2 instituted the first Complaint giving rise to Complaint Case No. 485C of 2003 in the court of the Chief Judicial Magistrate, Nalanda at Bihar Sharif and which was subsequently compromised and disposed of by order dated 03.07.2004. Within span of four years thereafter a second Complaint was filed by the complainant-opposite party no. 2 giving rise to Complaint Case No. 136C of 2008, copy whereof is placed at Annexure-5 of the present proceedings and in which in addition to the husband, the Patna High Court Cr.Misc. No.13875 of 2012 (2) dt.04-04-2012 3 complainant-opposite party no. 2 has included all these petitioners by accusing them of harassment. It is stated that even while the said complaint case bearing Complaint Case No. 136C of 2008 filed on 08.02.2008 is pending consideration before the court at Nalanda, the present Complaint came to be filed on 02.05.2011. He thus submits that the sequence of events by itself suggests that the present proceeding is in the nature of malicious prosecution and the continuation thereof would be an abuse of process of the Court.
Issue notice to opposite party no. 2 for which requisites under ordinary course as well as registered cover be filed within one week, failing which this application as against the concerned opposite party shall stand rejected without further reference to the Bench.
Put up after service of notice.
In the meantime, further proceedings in Complaint Case No. 450(C ) of 2011, pending in the court of Sub-Divisional Judicial Magistrate, Nalanda shall remain stayed.
(Jyoti Saran, J) S.Sb/-