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2017 Supreme(Pat) 337

BIRENDRA KUMAR
Rakesh Thakur – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ashok Kumar Sinha and Sudhir Kumar Sinha
For the Respondent: Veerendra Narayan

JUDGMENT :

Birendra Kumar, J.

1. Heard learned counsel for the petitioner as well as learned counsel for the opposite parties the State of Bihar and opposite party No. 2 Mamta Devi. This application is under Section 482 Cr.P.C. to quash the impugned order dated 4.1.2008 against the petitioner whereby the petitioner and other co-accused persons have been issued summons to face trial for offences under Sections 323, 498-A and 312 of the Indian Penal Code in connection with Complaint Case No. 902 of 2007 by the learned Sub-Divisional Judicial Magistrate, Jehanabad.

2. Submission of the petitioner is that the petitioner is distant relation of the matrimonial family of complainant Mamta Devi and a bare perusal of the complaint petition would reveal that allegation against the petitioner is general and omnibus.

3. Learned counsel submits that the present proceeding against the petitioner, who is a member of armed forces, has been brought just to cause undue harassment. Contention is that now a tendency has developed in the society that for dispute between husband and wife, the entire family members and relations including some distant relations are falsely roped with such type of allegation











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