Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.35463 of 2010 ===================================================== 1. Tulsi Kumar Saw, son of Khushal Saw. 2. Sonia Devi, wife of Khushal Saw. 3. Khushal Saw, son of Badhan Saw. All residents of village-Belgada, P.S. Siwaria, District-Chatra (Jharkhand). At present resident of A-5 N.T.C. Gate, Rawtbhata, District-Chitaugarh, Rajasthan. .... .... Petitioners. Versus The State of Bihar .... .... Opposite Party. ===================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ---------------- 4 06-11-2012 Heard learned counsel for the petitioners and the learned A.P.P. for the State. This application, under Section 482 of the Code of Criminal Procedure, has been filed on behalf of the petitioners for quashing the order dated 10.3.2010 passed in Trial No.1944 of 2010, arising out of Kurtha P.S. Case No.41 of 2009, by the court of the Chief Judicial Magistrate, Jahanabad, whereby the learned Chief Judicial Magistrate, Jahanabad, on perusal of the case diary and the chargesheet, took the cognizance of the offence under [STATUTE] against the accused-petitioners. Apparently, I find no illegality in the impugned order amounting to abuse of the process of the court. Accordingly, this application stands dismissed. However, the petitioners would be Patna High Court Cr.Misc. No.35463 of 2010 (4) dt.06-11-2012 2 / 2 2 at liberty to raise all the points, as raised herein, at the appropriate stage in the trial court. P.S./- (Rajendra Kumar Mishra, J)

Applicable IPC Section: 498

Statute Text:
Section 498 of the Indian Penal Code. Enticing or taking away or detaining with a criminal intent a married woman. Whoever takes or entices away any woman who is and whom he knows or has reason to believe to be the wife of any other man, from that man, or from any person having the care of her on behalf of that man, with intent that she may have illicit intercourse with any person, or conceals or detains with that intent any such woman, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.