IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.264 of 2008 1. Abil Mian @ Abid Hussain. 2. Ajmullah Mian. 3. Anwar Mian. All three are sons of Mokhtar Mian. 4. Nijamuddin Mian, son of Saif Mian. All are residents of village-Mathiya Pratap, P.S. Sangrampur, District-East Champaran. ………………………………………………...Petitioners. Versus 1. The State Of Bihar. 2. Sitaram Giri, son of Late Udit Giri, resident of village-Mathiya Pratap, P.S. Sangrampur, District- East Champaran. ………………………………………Opposite Parties. ---------------------------------- 6. 15.12.2011. Heard Mr. Anil Kumar, learned counsel for the petitioners and Mr. Satyendra Prasad, the learned A.P.P. for the State. The petitioners have approached this Court under Sections 482 of the Code of Criminal Procedure for quashing the order dated 30.6.2007 passed in Criminal Revision No.77 of 2007/9 of 2007 by the Additional Sessions Judge, Fast Track Court-II, East Champaran, Motihari, dismissing the criminal revision preferred by the accused-petitioners against the order dated 19.9.2006 passed by the court of Sri Prabhat Trivedi, Judicial Magistrate, Ist Class, East Champaran, 2 Motihari, in Complaint Case No.836 of 2006, corresponding to Enquiry No.134 of 2006, summoning the accused, named in the complaint petition, including the petitioners, on enquiry, finding prima facie case against the accused, Manoj Giri, for the offence under Sections 323 and 498-A of the Indian Penal Code and against the accused-petitioners under Sections 323 and 417 of the Indian Penal Code. It appears that Meera Devi, filed the complaint petition, numbered as Complaint Case No.836 of 2006 against her husband, Manoj Giri and other accused-petitioners alleging therein that her marriage was performed with accused no.1, Manoj Giri, according to Hindu customs, who, later on, came in bad association of the accused-petitioners and used to drink liquor. Her husband also sold her ornaments worth Rs.20,000/-, which had been given to her by her parents. Her husband was also instigated by the accused- petitioners to bring cash Rs.20,000/- from her Maika. When she showed inability to fulfill their demand stating that the financial position of her father is poor, her husband used to assault and misbehave with her and her children. It is further alleged that the accused-petitioners got executed the sale deed of 4 Kathas and 3 Dhoors land from her husband, accused 3 no.1, Manoj Giri, which was obtained by her by her father-in- law and they did not give even a single farthing as a consideration amount of the same. After filing of the complaint petition by Meera Devi, the learned Magistrate, on perusal of the complaint petition, solemn affirmation of the complainant and the statements of the witnesses, as recorded in course of inquiry, arrived at the conclusion that prima facie case under Sections 323 and 498-A of the Indian Penal Code is made out against her husband, accused no.1, Manoj Giri, and under Sections 323 and 417 of the Indian Penal Code against the accused- petitioners and, accordingly, ordered to issue summon against them vide order dated 19.9.2006. Being aggrieved and dissatisfied with the aforesaid order dated 19.9.2006, the accused including the petitioners preferred Criminal Revision No.77 of 2007/9 of 2007, which was dismissed by the Additional Sessions Judge, Fast Track Court-II, East Champaran, Motihari, finding no illegality in the order dated 19.9.2006. From perusal of the complaint petition, it appears that the allegation against the petitioners is only to instigate the accused no.1, Manoj Giri, husband of Meera Devi, to 4 bring cash Rs.20,000/- from her Maika. The petitioners do not appear to be the relatives of her husband. The further allegation against the petitioners is to get executed the sale deed of 4 Kathas and 3 Dhoors land from Manoj Giri, the husband of complainant-opposite party no.2, which was obtained by her father-in-law. As such, if the averments made in the complaint petition are considered to be true and are accepted in its entirety, prima facie no case is made out against the petitioners. Accordingly, the order dated 30.6.2007 passed in Criminal Revision No.77 of 2007/9 of 2007 by the Additional Sessions Judge, Fast Track Court-II, East Champaran, Motihari and the order dated 19.9.2006 passed by the court of Sri Prabhat Trivedi, Judicial Magistrate, Ist Class, East Champaran, Motihari, in Complaint Case No.836 of 2006, corresponding to Enquiry No.134 of 2006, with respect to the petitioners, are hereby quashed and the application is allowed. P.S. (Rajendra Kumar Mishra, J)