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2018 Supreme(Pat) 1693

AHSANUDDIN AMANULLAH
Lalita Devi W/o Binod Kumar Singh – Appellant
Versus
State of Bihar – Respondent


.Advocates Appeared:
For the Petitioner:Mr. Shashi Bhushan Kumar, Advocate.
For the Respondent: Mr. Jharkhandi Upadhyay, APP.

JUDGMENT :

1. Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, when the notice was issued to the opposite party no. 2 (complainant), it transpired that she was dead. Accordingly, the Court has proceeded to finally hear the matter.

3. The petitioner has filed this application under Section 482 of the Code of Criminal Procedure for the following relief:

“That this is an application on behalf of the above named petitioner for quashing cognizance order dated 25.05.12 passed by the chief judicial magistrate Samastipur in Gr. No. 1369/11, Tr. No. 1949/2014 arising out of complaint cum Mohaddinagar no. 103/2011 dated 04.07.11 so far petitioners are concerned, whereby and where under cognizance has been taken under Section 498 (A), 323/34 of Indian Penal Code against the petitioners.”

4. The allegation against the petitioner and seven others is general and omnibus of torture and demand of dowry. The petitioner is the married sister of the alleged husband of the opposite party no. 2.

5. Learned counsel for the petitioner submitted that the case is totally false and frivolous and a clear cut case of abuse of the process of the court. It was submitted

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