IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17610 of 2008 Rinku Devi & Ors Versus The State Of Bihar & Anr ----------- For the petitioner—Mr. Sanjay Kumar Sinha Mr. Pankaj Kumar Sinha For the State-- Mr. Jharkhandi Spadhaya 04 17.10.2011 This application has been filed under Section 482 Cr. P.C. to quash the summoning order dated 10.12.07 passed by J.M.1st Class, Nalanda, in Complaint case no.597/2007, whereby accused named in complaint petition inclulding petitioner, have been summoned finding prima facie case for offence under Sections 498,323,448,379,504 and 34 of the Indian Penal Code. Learned counsel appearing on behalf of the petitioners submits that petitioner no. 1 Rinku Devi is the wife of complainant-OP No. 2 Binod Choudhary and has filed a complaint case No. 597/07 against OP no. 2 Binod Choudhary and his family members to cause cruelty and harassment for demand of dowry which is pending in the court of S.D.J.M Nawada due to that reasons the false complaint case has been filed by Op. No.2. The Judicial Magistrate at the time of summoning the accused petitioners, on inquiry, under Section 204 Cr. P.C is 2 only required to see whether the allegation is made out or not on perusal of complaint petition and statement of witnesses. It is not required by the Judicial Magistrate to look into the defence, if any at that stage. I find no illegality in the impugned order for interference in inherent jurisdiction under Section 482 Cr.P.C. Accordingly this application is dismissed. However it is made clear that the petitioner is at liberty to raise all points raised herein at the appropriate stage in trial. Namita ( Rajendra Kumar Mishra, J.)