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2010 Supreme(Pat) 1252

RAKESH KUMAR
Md Nayeemuddin – Appellant
Versus
State Of Bihar – Respondent


JUDGEMENT

Rakesh Kumar and j. JJ.

1. Two petitioners, while invoking inherent jurisdiction of this Court under Sec.482 of the Criminal Procedure Code, have prayed for quashing of the order dated 01.09.1999 passed in C A No 649 of 1999 by Shri B K Sinha, Judicial Magistrate, Purnea. By the said order, the learned Magistrate has taken cognizance of the offence under Sec.498a of the Indian Penal Code.

2. Short fact of the case is that opposite party No 2 filed a Complaint vide Complaint Case No 649 of 1999 alleging therein that she was wife of petitioner No 1 and after solemnization of marriage for some time, she led a peaceful conjugal life. However, subsequently the accused persons started torturing her for the purpose of bringing buffalo and Rs 5,000/- in cash from her parents. It was alleged that after she shown inability, she was physically and mentally misbehaved and tortured. Many other allegations have also been levelled in the complaint petition. After filing the complaint, the complainant was examined on solemn affirmation and three witnesses were examined in support of the complainant as enquiry witnesses. The learned Magistrate, after being satisfied that materials availabl






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