Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.41128 of 2011 ====================================================== Satish Chandra , Son of Umesh Chandra, Resident of Mohalla – Gajadharganj, Station Road Buxar, P.S. – Buxar (T), District – Buxar. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAKESH KUMAR) 2 31-01-2012 Heard Sri Manendra Kumar Sinha, learned counsel for the petitioner and Smt. Anuradha Kumari, learned Additional Public Prosecutor. The petitioner, while invoking inherent jurisdiction of this court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of an order dated 08.08.2011, passed by Chief Judicial Magistrate, Buxar, in Tr. No. 1774 of 2011, G.R. No. 1210 of 2011, arising out of Buxar Town P.S. Case No. 189 of 2011. By the said order the learned Magistrate has taken cognizance of offence under [STATUTE] . Learned counsel for the petitioner submits that on almost similar allegation the informant of the present case had earlier filed a complaint case and that case is still pending and even during the pendency of that complaint case second case i.e. Buxar Town P.S. Case No. 189 of 2011, has been lodged, and as such, the order of cognizance is liable to be Patna High Court Cr.Misc. No.41128 of 2011 (2) dt.31-01-2012 2 / 2 2 set aside. I have perused the F.I.R. The F.I.R. categorically indicates that the occurrence had taken place after 28.05.2011. Moreover, after registering F.I.R., police investigated the case and had submitted charge sheet. The learned Magistrate, thereafter, on the basis of materials available on record has passed the order of cognizance, which requires no interference. The petition stands dismissed. Praful/- (Rakesh Kumar, J.)

Applicable IPC Section: 498A

Statute Text:
Section 498A of the Indian Penal Code. Punishment for subjecting a married woman to Cruelty. Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.