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2022 Supreme(SC) 117

S. ABDUL NAZEER, KRISHNA MURARI
Kahkashan Kausar @ Sonam – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Smarhar Singh, AOR Ms. Shweta Kumari, Adv. Mr. Chinmay Sharma, Adv.
For the Respondent(s): Mr. Samir Ali Khan, AOR Mr. Abhay Kumar, AOR Mr. Kumar Milind, Adv. Mr. Shagun Ruhil, Adv.

JUDGMENT :

KRISHNA MURARI, J.

1. Leave granted.

2. This appeal is directed against the judgment and order dated 13.11.2019 passed by the High Court of Patna in Criminal Writ Petition No. 1492 of 2019, filed by the Appellants under Section 482 of the Code of Criminal Procedure (hereinafter referred to as Cr.P.C.) challenging the FIR No. 248/2019 dated 01.04.2019 implicating the Appellants for offences under Sections 341, 323, 379, 354, 498A read with Section 34 of the Indian Penal Code (hereinafter referred to as ‘IPC’). The High Court vide order impugned herein dismissed the same.

Factual Matrix

3. The Complainant (Respondent No. 5 herein) Tarannum Akhtar @ Soni, was married to Md. Ikram on 18.09.2017. The appellants herein are the in-laws of Respondent No. 5. On 11.12.2017, the said Respondent initially instituted a criminal complaint against her husband and the appellants before the Court of Chief Judicial Magistrate, Purnea alleging demand for dowry and harassment. Thereafter, when the file was put up before the Sub Divisional Judicial Magistrate Court, Purnea, for passing order at the stage of issuance of summon, the Ld. Magistrate concluded that upon perusal of material evidence

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