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2010 Supreme(Pat) 569

RAKESH KUMAR
Izhar Ansari – Appellant
Versus
Bibi Rehana Khatoon – Respondent


JUDGEMENT

Rakesh Kumar and j. JJ.

1. Five petitioners, while invoking inherent jurisdiction of this court under section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as Cr. P. C.) have prayed for quashing of the order dated 9.12.1997 passed in Complaint Case No.1685 of 1997 by Chief Judicial Magistrate, Katihar. By the said order the learned Magistrate had taken cognizance of the offences under sections 498a of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.

2. Short fact of the case is that the complainant-opposite party no.1 filed a complaint petition vide Complaint Case No.1685 of 1997 alleging therein that after her marriage with the petitioner no.1, Bidagri was done and she arrived and stayed at her in-laws house for about two days. During her stay for a short-while, it was alleged that she was tortured by the petitioners for the purpose of extracting dowry from the father of the complainant. It has also been asserted in the complaint petition that the complainant over heard a conspiracy which was being hatched by the accused persons that in case of non-fulfillment of dowry she would be killed. After coming to know about such conspiracy, any h




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