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2019 Supreme(Pat) 2022

SHIVAJI PANDEY
Munna Kumar – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Alok Kumar and Neeraj Kumar
For the Respondent: Nawal Kishore Pd.

ORDER :

SHIVAJI PANDEY, J.

1. Heard learned counsel for the petitioners and counsel for the State.

2. In the present case, the petitioners are challenging the order taking cognizance dated 27.11.2014 passed by the learned Chief Judicial Magistrate, Saharsa in Mahila P.S. Case No. 1 of 2014 for offence under Section 498A, 323, 379/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

3. From the order-sheet, it appears that this Court had earlier issued notice upon the opposite party no. 2 vide order dated 12.3.2015. As per report of the office, the notices have been served upon her but, even then, she has preferred to remain absent.

4. In the present case, lodging of the F.I.R. vide Mahila P.S. Case No. 1 of 2014 is the basis for set in motion the criminal case against the petitioners for offence under Sections 498A, 323 and 379/34 of the Indian Penal Code and, after investigation, the police submitted the charge-sheet against the petitioners and, accordingly, the court below, by the impugned order dated 27.11.2014, has taken cognizance against the petitioners also.

5. Learned counsel for the petitioners submits that the marriage of the opposite party no. 2 was solemn

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