Shailendra Singh, J.—Heard Mr. Ritu Raj, the petitioner-in-person, Mr. N.K. Agarwal, learned senior counsel appearing for the informant assisted by Mr. Gaurav Kumar, advocate and Dr. Indiwar Kumari, learned APP for the State.

2. The present petition has been filed under Section 482 of the Code of Criminal Procedure (in short ‘Cr.P.C.’) by the petitioner, Ritu Raj, who himself appeared and argued his own matter. The petitioner has challenged the order dated 05.07.2014 passed by the learned Judicial Magistrate, 1st Class, Patna in connection with S.K. Puri P.S. Case No. 133 of 2013 by which the cognizance of the offences under Sections 341, 323, 504, 498A and 506/34 of the Indian Penal Code (in short ‘IPC’) has been taken against the petitioner and by filing I.A. No. 01 of 2023 he has prayed for an amendment in the prayer and revealed that the trial of the petitioner has started, so, the consequent proceeding having started after the framing of charge, be also quashed along with the cognizance order.

3. The main grounds taken by the petitioner to assail the order impugned are that firstly the allegations made by the O.P. No.2, who happens his wife, in the FIR of S.K. Puri P.S. Case No. 133 of 2013 are completely false and the said FIR has been lodged by her in retaliation to the divorce case filed by the petitioner under Section 13 of the Hindu Marriage Act in the Family Court, Patna on 03.07.2012 bearing Matrimonial Case No. 489 of 2012 and an informatory petition had also been filed before the registration of the FIR of S.K. Puri P.S. Case No. 133 of 2013 in which the petitioner had shown his apprehension of possibility of false implication of the petitioner and his family members in a false case by the O.P. No.2. The petitioner submitted that the O.P. No.2, wife of the petitioner, was suffering from an incurable disease namely, Hepatitis-B, at the time of marriage which was suppressed by the O.P. No.2 and her parental family members and as per medical science, the Hepatitis-B is an infectious disease and can transmit from one body to another by sexual relation and on account of this compelling circumstance, the petitioner had to file divorce case and after filing that case, an illicit relationship between his wife and some other person also came in his knowledge for which he has taken necessary steps in his divorce case. In the light of direction given by this Court in Cr. Misc. No. 33407 of 2013, a Medical Board was constituted to examine the health of O.P. No.2 in which it was found by the Medical Board that the O.P. No.2 was suffering from Hepatitis-B disease.

Secondly, in the entire FIR, there is no specific allegation against the petitioner and on the same set of allegations, the police exonerated some of the accused persons but chargesheeted the petitioner, his father and mother which is completely against the principle laid down by the Hon’ble Apex Court in the case of Achin Gupta vs. State of Haryana & Anr. passed in Criminal Appeal No. 2379 of 2024 [: 2024 (3) BLJ 190 (SC)]. It has been argued by him that as per the allegations made by O.P. No.2 in her FIR, she was physically assaulted by the petitioner and his family members but there is no any medical evidence to support the said allegation and it is very important to mention that at the alleged time, neither the petitioner nor his father was present at the alleged place rather both were present at their posting places. He further submitted that the O.P. No.2 had also filed one more criminal case vide Gandhi Maidan P.S. Case No. 212 of 2013 dated 03.06.2013 against the petitioner’s father and mother alleging therein physical assault committed by her father-in-law by using an iron rod on her head on 30.05.2013. The police investigated the Gandhi Maidan P.S. Case No. 212 of 2013 and found no evidence and consequently submitted final form in favour of petitioner’s father and it was found by the police during investigation that the petitioner’s father was not present at t