CRIMINAL MISCELLANIOUS No. 20850 OF 1999 (In the matter of an application under Section 482 of the Code of Criminal Procedure.) 1. RAM BILAS SINGH 2. Ram Pukar Singh, both sons of Satto Singh, deceased. 3. Kamta Singh 4. Saroj Kumar Singh, both sons of Ram Bilas Singh 5. Ganesh Singh @ Amrendra Singh 6. Anil Kumar Singh, Sons of Ram Pukar Singh. 7. Sona Devi, wife of Ram Bilas Singh, All resident of Village-Madhurapur, P.S.-Hathauri, Dist- Samastipur. ---------------Petitioners Versus 1. THE STATE OF BIHAR 2. Dilip Kumar Singh, Son of Satikant Singh, resident of village Madhurapur, P.S.-Hathauri, District.-Samastipur. ----------Opposite Parties. ----------- P R E S E N T THE HON'BLE JUSTICE SMT. SHEEMA ALI KHAN ************** Sheema Ali Khan, J. Heard the parties. 2. Petitioner has filed this application for quashing the order dated 25.06.1999 by which cognizance has been taken for the offences under Sections 302, 328, 406, 201 and 120 B of the Indian Penal Code. 3. The Complainant Dilip Kumar Singh is the husband of the deceased girl Sanju Devi. The marriage took place in the year 1991 and she died on 16.7.1994. An F.I.R. was lodged by the uncle of Sanju Devi against the complainant Dilip Kumar Singh his father and 2 other family members. After about 17 months of the occurrence a complaint was filed by the opposite party no. 2 and the cognizance has been taken. In the complaint case it is alleged that Ram Bilash Singh the uncle (Fufa) of Sanju Devi borrowed some ornaments in May, 1994 on the occasion of the marriage of his son. Ram Bilash Singh had promised to return the ornaments but the ornaments were not given to Sanju Devi and she was administered poison as a result of which she died. The dead body was found near the river. 4. During the pendency of this case the complainant along with his family members faced the trial under Sections 304B and 201 of the Indian Penal Code vide S.T. No. 47 of 1996 which was disposed of on 31.8.2002. The complainant has been held guilty under Section 304 B for the offences and has been sentenced to undergo rigorous imprisonment for life. The Additional Chief Judicial Magistrate, Rosera in Complaint Case No. 630 of 1995 by taking cognizance vide order dated 25.6.1999 has taken into consideration the extraneous documents such as report of the D.I.G. and 3 S.P. and the police case filed by the petitioner Ram Bilash Singh under Section 304B and other Sections of the Indian Penal Code. 5. It is well settled law that while taking cognizance the Chief Judicial Magistrate, ought to consider only the evidence that is on record. As a result, the order impugned dated 25.06.1999 is quashed and the direction is given to the Additional Chief Judicial Magistrate, Rosera to look into the complaint petition and thereafter pass appropriate orders in Complaint Case C.R. No. 630 of 1995 within a period of four weeks. The order of the Additional Chief Judicial Magistrate is directed to pass a final order within a period of three months. Both the parties should appear suo motu in the Court of Additional Chief Judicial Magistrate, Rosera. 6. This application is disposed of. Patna High Court Dated 2nd of May, 2011 Anand Kr./NAFR ( Sheema Ali Khan J.)