Rakesh Kumar Singh @ Munna Kumar and ors. Vs. the State of Bihar and Geeta Devi

Rakesh Kumar Singh @ Munna Kumar and ors. vs The State of Bihar and Geeta Devi

Disposition Application dismissed Court Patna Decided Mar 28, 2006

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Citation: sooperkanoon.com/137274
Court: Patna High Court
Judge: Rekha Kumari, J.
Decided On: Mar 28, 2006
Case Number: Criminal Misc. No. 27053 of 2005
Subject: ;Criminal
Disposition: Application dismissed

Case Summary

AI-generated summary - not the official court judgment text.

Criminal — Sections 200/202 Cr.PC read with Sections 498A, IPC — Cognizance — Prima facie case found under Section 498A, IPC by the Magistrate after recording evidence under Sections 200/202 Cr.PC on a complaint filed by wife — Allegation of harassment on account of demands of dowry — C...

Key legal issue: ;Criminal
Outcome / disposition: Application dismissed
Acts & sections: Dowry Prohibition Act - Sections 3 and 4; Indian Penal Code (IPC) - Sections 408A and 498A; Code of Criminal Procedure (CrPC) , 1973 - Sections 202 and 482

Parties & Advocates

Appellant / Petitioner

Rakesh Kumar Singh @ Munna Kumar and ors.

Respondent

The State of Bihar and Geeta Devi

Legal References

Acts: Dowry Prohibition Act - Sections 3 and 4; Indian Penal Code (IPC) - Sections 408A and 498A; Code of Criminal Procedure (CrPC) , 1973 - Sections 202 and 482

Excerpt

criminal - sections 200/202 cr.pc read with sections 498a, ipc - cognizance - prima facie case found under section 498a, ipc by the magistrate after recording evidence under sections 200/202 cr.pc on a complaint filed by wife - allegation of harassment on account of demands of dowry - cognizance taken - challenged - under section 482, cr.pc, 1973 as the complaint was mala fide and complainant herself had run away with her paramour - held, magistrate/h.c. cannot take into account the evidence of accused at this stage - cognizance legal - application dismissed - - 2 had love affair with one raj kumar mallah and she had married the petitioner no. 7. it is well settled that at the time of taking cognizance and issuance of processes, the magistrate is required only to see whether from the complaint petition, statement of the complainant on s......witnesses in support of her case in an inquiry under section 202 of the code. the learned s.d.j.m. after considering the statements of the complainant and the witnesses passed the impugned order.5. learned counsel for the petitioners submitted that the allegations made in the complaint petition are false. in fact, opposite party no. 2 had love affair with one raj kumar mallah and she had married the petitioner no. 1 against her will. on 26.9 .2002 she fled away with the said lover. a news item to the effect was also published in daily 'dainik jagaran' (annexure-2) and thereafter she married her. so, there was no question of any torture by the petitioners after the above date. petitioner no. 1 also filed a matrimonial suit on 17.8.2002 (matrimonial suit no. 49 of 2002) at gaya for divorce against the opposite party no. 2 which has been allowed by the 6th additional district judge. gaya on 30.4.2005.6. the contention of the learned counsel, hence, is that the complait has been filed with an oblique motive and is malafide.7. it is well settled that at the time of taking cognizance and issuance of processes, the magistrate is required only to see whether from the complaint petition, statement of the complainant on s.a. and the statement of the witnesses recorded during inquiry, any prima facie case is made out or not against the accused persons. neither the magistrate nor this court in its inherent jurisdiction at this stage can consider the evidence of the accused. it can be considered at the time of trial.8. so, when on the basis of the statement of the complainant and the statements of the witnesses examined under section 202 of the code, the learned s.d.j.m. has found a prima facie case under sections 498a of the indian penal code and section 3/4 of the dowry prohibition act, and has passed the impugned order. i do not find any thing to interfere with it.9. in the result, this application is dismissed.

Full Judgment

Rekha Kumari, J.

1. Heard.

2. This is an application filed under Section 482 of the Code of Criminal Procedure, 1973 (here inafter referred to as the Code) for quashing the order dated 7.5.2005 passed by the Sub-divisional judicial Magistrate, Gaya in Complaint Case No. 54 of 2005/Tr. No. 1238 of 2005 by which he has taken cognizance against the petitioners for the offences under Section 408-A of the Indian Penal Code and Section 3/4 of the Dowry prohibition Act.

3. Opposite party No. 2 Geeta Devi filed a complaint petition on 15.1.2005 against the petitioners alleging, inter alia, therein that she was married to petitioner No. 1 in the year 1999. At Some time after the marriage, the petitioners started torturing her for dowry of Rs. 50,000/- and ultimately on 10.7.2002 she was brutally assaulted by the petitioners though she was pregnant at that time and an attempt was also made to burn her. However, on the intervention of the villagers and with their help she came to her father's house. After birth of the child, no body from her Sasural also came in spite of the information given.

4. The complainant was examined on solemn affirmation and then she examined four witnesses in support of her case in an inquiry under Section 202 of the Code. The learned S.D.J.M. after considering the statements of the complainant and the witnesses passed the impugned order.

5. Learned Counsel for the petitioners submitted that the allegations made in the complaint petition are false. In fact, Opposite party No. 2 had love affair with one Raj Kumar Mallah and she had married the petitioner No. 1 against her will. On 26.9 .2002 she fled away with the said lover. A news item to the effect was also published in daily 'Dainik Jagaran' (Annexure-2) and thereafter she married her. So, there was no question of any torture by the petitioners after the above date. Petitioner No. 1 also filed a Matrimonial Suit on 17.8.2002 (Matrimonial Suit No. 49 of 2002) at Gaya for divorce against the Opposite party No. 2 which has been allowed by the 6th Additional District Judge. Gaya on 30.4.2005.

6. The contention of the learned Counsel, hence, is that the complait has been filed with an oblique motive and is malafide.

7. It is well settled that at the time of taking cognizance and issuance of processes, the Magistrate is required only to see whether from the complaint petition, statement of the complainant on S.A. and the statement of the witnesses recorded during inquiry, any prima facie case is made out or not against the accused persons. Neither the Magistrate nor this Court in its inherent jurisdiction at this stage can consider the evidence of the accused. It can be considered at the time of trial.

8. So, when on the basis of the statement of the complainant and the statements of the witnesses examined under Section 202 of the Code, the learned S.D.J.M. has found a prima facie case under Sections 498A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act, and has passed the impugned order. I do not find any thing to interfere with it.

9. In the result, this application is dismissed.

Same Court & Year Patna · 2006 Same Parties Rakesh Kumar Singh @ Munna Kumar and ors. vs The State of Bih... Same Subject ;Criminal Same Judge Rekha Kumari, J. Acts & Sections Dowry Prohibition Act - Sections 3 and 4; Indian Penal Code (...

;Criminal