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SHAILENDRA SINGH
Bipin Bihari Lal – Appellant
Versus
State of Bihar – Respondent
Shailendra Singh, J.—Mr. Pratik Kr. Sinha, learned counsel for the petitioner, Mr. Ashutosh Tripathi, learned counsel for O.P. No. 2, and Mr. Binod Kumar No. 3, learned APP for the State, have been heard at length.
2. The instant criminal miscellaneous petition has been filed under section 482 of the Code of Criminal Procedure, 1973 (in short, ‘Cr.P.C.’) (now Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (in short, ‘BNSS’)) for quashing the order dated 11.05.2016 passed by the court of the SDJM, Sasaram, in Complaint Case No. 213 of 2009, by which the learned trial court has rejected the petitioner’s prayer for discharge.
3. Learned counsel for the petitioner has argued that O.P. No. 2, who happened to be the wife of the petitioner, initially filed Complaint Case No. 942 of 2008 alleging the offences under Sections 498A, 323, and 379 of the Indian Penal Code (in short, ‘IPC’) and also alleging the offences under Sections 3 and 4 of the Dowry Prohibition Act (in short, ‘DP Act’), and after inquiry, the learned SDJM, Sasaram, took cognizance of the offences under Section 498A of the IPC and Sections 3 and 4 of the DP Act vide order dated 22.10.2008. In the said Complaint
The limitation period for taking cognizance under the Dowry Prohibition Act is not restricted, and the trial court must consider the timing and grounds for discharge as it examines prima facie eviden....
The limitation period for filing a complaint under Section 406 IPC is three years, but in cases of non-return of Stridhan, it is deemed a continuing offence under Section 472 CrPC, allowing cognizanc....
The court affirmed that criminal breach of trust regarding stridhan is a continuing offence, allowing for cognizance to be taken within the statutory limitation, restarting with each demand.
A Magistrate must provide a reasoned order when taking cognizance of offences, ensuring specific allegations are made against accused, particularly in matrimonial cases.
(1) A Hindu married woman is absolute owner of her Stridhan and can deal with it in any manner she likes – Husband has no right and it has to then be necessarily concluded that a father too, has no r....
Quashing of cognizance orders requires specific allegations against each accused; general or omnibus allegations against in-laws in matrimonial disputes may lead to abuse of process.
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