IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.56416 of 2007 SYED BADRUL HASAN, SON OF LATE SYED MAHMOOD HASAN, RESIDENT OF RASOOLPUR, P.S. HAYAGHAT, DISTRICT DARBHANGA. ---- PETITIONER Versus 1. THE STATE OF BIHAR 2. BIBI SAYEEDA KHATOON, WIFE OF LATE MD. SULEMAND, RESIDENT OF VILLAGE RASSOLPUR, P.S. HAYAGHAT, DISTRICT DARBHANGA---- OPPOSITE PARTIES ----------- 2 2.4.2010 Heard the parties. The petitioner has challenged the order dated 17.5.2007, passed in Cr. Rev. No. 71 of 2007 and the order of the Sub-divisional Judicial Magistrate, Darbhanga dated 14.8.2006 by which he has taken cognizance for the offences under Sections 147, 323 and 341 of the Indian Penal Code in C.R. No. 765 of 2006. Counsel for the petitioner submits that the allegation in the complaint petition is that the brother-in-law of her late husband along with the other named accused persons are hell bent in throwing the complainant out of the house. It is further said that the accused persons beat up and ill treat her children and do not financially support her. The question whether Section 147, 148 or sections related to cruelty would apply in the matter needs consideration. It is submitted that the children have not complained and there is no direct allegation of assault on the complainant. I, therefore, quash the order dated 14.8.2006 and 17.5.2007 and remand the matter back to the Sub-divisional Judicial Magistrate, Darbhanga who shall examine the facts and apply the correct sections in this case within a period of one month from the date or receipt/production of 2 a copy of this order. This application is allowed. Counsel for the petitioner is directed to deposit the cost of FAX for communicating this order to the court of the Sub- divisional Judicial Magistrate, Darbhanga. Sanjay (Sheema Ali Khan, J.)