CRIMINAL MISCELLANIOUS NO. 4238 OF 2001 ********* (In the matter of an application under Section 482 of the Code of Criminal Procedure ) ******* 1. SHIVNATH SINGH, SON OF LATE NAND LAL MAHTO 2. SUMEGHA RANI @ SAROJ DEVI, WIFE OF SHIV NATH SINGH BOTH RESIDENTS OF MOHALLA NAKHAS PIND, POLICE STATION MALSALAMI, PATNA CITY, DISTRICT PATNA ……………………………………………………….……….… ….PETITIONERS VERSUS 1. THE STATE OF BIHAR 2. NIVEDITA NEELAM @ PINKI DEVI, DAUGHTER OF DEV KUMA MEHTA, RESIDENT OF DAYAL BHAWAN MAHENDRU, DISTRICT PATNA ……………………………….………… ……………………….……..OPPOSITE PARTIES ********** P R E S E N T HON’BLE JUSTICE SMT. SHEEMA ALI KHAN O R D E R Sheema Ali Khan, J. Heard Counsel for the parties. 2. The petitioners have challenged the order of cognizance dated 05.01.2001 passed in Complaint Case No. 837 of 2000 by the Judicial Magistrate, 1st Class, Patna City, Patna. 3. The allegations in the complaint petition are that after the death of the husband of the complainant, the in-laws are not giving any share of the father’s property. 4. On behalf of the petitioners, it has been argued that the lady is living in the family house and is enjoying all the facilities. It is further stated that she was being 2 maintained by her in-laws and both the sons have been provided the best education, inasmuch as they have studied in public schools and are also in good jobs at present. In fact, one of the sons has specifically stated that the allegations are false. It is further submitted that on investigation, the case was found to be false and the present complaint petition is by way of a protest. 5. These aspects of the matter should be examined by the Court below. It would perhaps be in the interest of justice to examine the children of the complainant who would best be able to certify the facts whether their mother is being tortured as envisaged under Section 498 A of the Indian Penal Code. 6. This application is disposed of with the aforesaid observations and directions. ( Sheema Ali Khan, J. ) PATNA HIGH COURT DATED, THE 25th APRIL, 2011 N.A.F.R./ANAND