The court upheld the prima facie case against the petitioners for cruelty, dowry demand, and theft, emphasizing that allegations were direct and specific, warranting continuation of proceedings.

JUDGMENT :

By the Court:- Heard the parties.

2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with a prayer to quash the entire criminal proceeding including the order taking cognizance dated 24.08.2022, passed by the learned Judicial Magistrate -1st Class, Gumla, in connection with Complaint Case No. 246 of 2022.

3. The allegation against the petitioners is that the petitioners being the relatives of the husband of the complainant, treated the complainant with cruelty by harassing her with a view to coercing her for meeting the unlawful demand of dowry and by their willful conduct of such a nature as it likely to drive the victim- complainant to commit suicide and cause hurt to the health of her. There is specific allegation against the petitioners that the petitioners used to call the victim a barren lady and they were demanding an Alto Car to be brought by the complainant. They were cursing the complainant for not bringing enough property in dowry. After the death of the husband of the complainant, the petitioners called the complainant a Daain (Witch) and alleged that she has eaten up her husband. At the time of Shradh rituals of the husband of the complainant, the petitioners complained to the guests that the complainant is a Daain (Witch). The complainant who was under shock after the death of her husband was terribly hurt by such taunting of the petitioners and her life became dark. The petitioners committed theft of Rs.7,00,000/- kept in a box and the gold and silver jewelries of the complainant worth Rs.20,00,000/- from the room of the complainant in their house. The petitioners harassed the complainant by locking the bathroom and not allowing to use the same. The petitioners by adopting forgery have taken away the money which was standing in the name of the complainant and her deceased husband in various banks. The petitioners have also defrauded the complainant by taking her money and hiding the properties of her husband. The learned Magistrate on the basis of the complaint, statement of the complainant under solemn affirmation and statement of the inquiry witnesses found prima-facie case for the offences punishable under Section 498A/379/323/467/461 of the Indian Penal Code and under Section 3/4 of the Prevention of Witch (Daain) Practices Act.

4. It is submitted by the learned counsel for the petitioners that the allegations against the petitioners are false and there is delay in lodging the complaint. Hence, it is submitted that the prayer as prayed for by the petitioners in this criminal miscellaneous petition be allowed.

5. The Learned Addl. P.P. and the learned counsel for the opposite party no.2 on the other hand vehemently opposes the prayer as prayed for by the petitioners in this criminal miscellaneous petition and submits that in view of direct and categorical allegations against the petitioners being the relatives of the husband of the complainant having treated her with cruelty by harassing her in connection of demand of dowry of an Alto Car being not made by the complainant and committing forgery of various documents and also committed theft of cash and valuable gold and silver jewelries of the complainant and have also committed the offences punishable under Section 3/4 of the Prevention of Witch (Daain) Practices Act by calling the complainant a Daain unnecessarily and knowing the same to be false, only to deprive her from her property. Hence, it is submitted that there is no justifiable reason to allow the prayer as prayed for by the petitioners in this criminal miscellaneous petition. Hence, it is submitted that this criminal miscellaneous petition being without any merit be dismissed.

6. Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, it is pertinent to mention here that there is direct and specific allegation against the petitioner