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2017 Supreme(Pat) 874

RAJEEV RANJAN PRASAD
Anandi Jha @ Anandi Chaudhary wife of Arvind Kumar Choudhary – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioners: Mr. Mrigank Mauli, Mr. Sanket and Mr. Prince Kumar Mishra
For the Opposite Parties : Mr. Rajendra Singh Shastri, Mr. Baidyanath Thakur

JUDGMENT :

A show cause has been filed on behalf of the Superintendent of Police, Motihari.

2. Perused the show cause. For the reasons stated therein, the show cause is accepted.

3. Heard learned counsel for the petitioners and learned counsel for Opposite Party no. 2 as well as learned A.P.P. for the State.

4. The petitioner no. 1 is the Nanad (husband’s sister) and the petitioner no. 2 is the mother-in-law of the informant-opposite party no. 2. Both the petitioners are seeking quashing of the order dated 04.09.2013 passed by the learned Sub Divisional Judicial Magistrate, Motihari in Dhaka P.S. Case No. 148 of 2012 by which the learned Sub Divisional Judicial Magistrate, Motihari has taken cognizance of the offences under Sections 498A, 323 and 504 read with Section 34 of the Indian Penal Code and issued summons to the accused including the present petitioners.

5. Learned counsel for the petitioners at the very first instance submits that this is a case of malicious prosecution involving each and every member of the family of the husband of the informant. He would submit that in the F.I.R., apart from the husband, the father-in-law, the mother-in-law, the elder brother, the wife of th













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