High Court Patna High Court - Orders

Amarjit Kaur &Amp; Ors vs State Of Bihar &Amp; Anr on 28 June, 2010

Patna High Court – Orders
Amarjit Kaur &Amp; Ors vs State Of Bihar &Amp; Anr on 28 June, 2010
              IN THE HIGH COURT OF JUDICATURE AT PATNA
                      Cr.Misc. No.15499 of 2008
         1.   AMARJIT KAUR, W/O BHAGAN SINGH DHIR @ PACHAN SINGH
         2.   BHAJAN SINGH @ PACHAN SINGH, S/O LATE AATAMA SINGH
              BOTH RESIDENT OF F.NO.114/115 LAJPAT NAGAR, P.S.
              LAJPAT NAGAR, NEW DELHI 110024.
         3.   JITENDRA SINGH BAMI @ JITENDRA KAUR, W/O SARDAR
              MANIDRA SINGH BAMI, RESIDENT OF H27 KOTHI NO.2 GALI
              NO.8, WESTERN AVENUE SAINIK FARM KHANPUR, NEW DELHI
              110062.
         4.   MD. SURJIT KAUR, W/O LATE KAMALJIT SINGH
         5.   KARAN DIP SINGH, S/O LATE KAMALJIT SINGH.
              BOTH RESIDENT OF 217 B.K. CAMP, DHAKA VILLAGE NEAR
              OM DAIRY, NEW DELHI 110009.
                        ...          ...     PETITIONERS.
                                Versus
         1.   STATE OF BIHAR
         2.   DAVINDRA KAUR @ SATNAM KAUR, D/O LATE BALWANTE, WIFE
              OF TEJPAL SINGH @ TEJPAL SINGH DHIR, RESIDENT OF
              BABAREKI GATE, P.S. CHOWK, DIST. PATNA.
                        ...          ...     OPPOSITE PARTIES.
                             -----------

3. 28.6.2010. Five petitioners, while invoking

inherent jurisdiction of this Court under

Section 482 of the Code of Criminal

Procedure, have prayed for quashing of order

dated 29.1.2008 passed by Sri D. Ram,

Judicial Magistrate, Ist Class, Patna city in

Complaint Case No.660 of 2007. By the said

order, the learned Magistrate, on the basis

of complaint petition, after examination of

complainant and four witnesses, has taken

cognizance of the offences under Sections

323, 341, 504 and 354 of the Indian Penal

Code and summoned the petitioners to face

trial.

Mr. Rama Kant Sharma, learned Senior
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Counsel appearing on behalf of the

petitioners, while pressing the petition,

submits that the present complaint petition

was filed maliciously against the

petitioners, who are resident of Delhi. It

was argued that opposite party no.2, who was

wife of Tej Pal, son of petitioner nos.1 and

2, earlier had filed a criminal case against

her husband and all the five petitioners vide

Chowk P.S. Case No.149 of 2007 under Sections

498A and 307 of the Indian Penal Code. In the

present case, allegation against the

petitioners is that while the petitioners had

appeared in a court at Patna city for

executing bail bonds and they were returning,

the complainant was abused and assaulted by

all the accused persons. Learned Senior

Counsel submits that for quashing the

criminal case which was lodged against the

petitioners and husband of the complainant

two petitions were filed vide Cr. Misc.

No.52222 of 2007 and Cr. Misc. No.53384 of

2007 and a Bench of this Court by its order

dated 19.3.2010 has quashed the entire

criminal proceeding of Chowk P.S. Case No.149

of 2007 except the case of husband of the

complainant Tejpal Singh, who was not the
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petitioner. On this strength, it was argued

that even earlier prosecution was malicious

and due to that reason it was quashed by this

Court. Learned counsel for the petitioners

has further argued that petitioner nos.1 and

2 are old persons and they were not in a

position to indulge in such offence. Learned

counsel for the petitioners has also referred

to paragraph-11 of the petition to impress

upon the court that all the petitioners were

not in a position to indulge in such offence.

In paragraph-11, it has been stated that

petitioner no.4 is Mousi of the complainant

and she was posted as Junior Judicial

Assistant in Delhi High Court.

Mr. Equbal Asif Neyazi, learned

counsel appearing on behalf of opposite party

no.2, submits that even prior to the filing

of the present complaint petition, the

brother of the complainant had filed an

Informatory petition before S.H.O. Sarswati

Police Station, New Delhi. He further submits

that there is no point to challenge the order

of cognizance on the ground of so called

malicious prosecution. It was submitted that

occurrence was witnessed by several

independent witnesses and, accordingly, at
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the enquiry stage, altogether four witnesses

were examined, who had categorically

supported the case of the complainant. It was

further argued that at this initial stage,

this Court may not interfere with the case.

          Mrs.       Indu      Bala           Pandey,     learned

Additional       Public      Prosecutor          appearing        on

behalf    of   the     State       has    also       opposed     the

prayer of the petitioners.

          Besides      hearing       learned         counsel     for

the    parties,        I    have      also       examined        the

materials available on record. This Court is

not inclined to interfere with the order of

cognizance. It is opinion of this Court that

Code of Criminal Procedure is a self

contained Code and there is already remedy

available in the Code to the petitioners and

as such, at this initial stage of cognizance,

it is not proper for this Court to interfere

with the order of cognizance. The order of

cognizance was passed in the month of

January,2008. This Court is of the opinion

that it is not an exceptional case warranting

exercise of inherent jurisdiction in favour

of the petitioners. Accordingly, the petition

stands rejected.

It is made clear that rejection of
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the petition will not prejudice either of the

parties since this Court has rejected the

present petition mainly on the ground that

there is already remedy available in the Code

of Criminal Procedure.

In view of rejection of this

petition, the order of stay dated 19.9.2008
Md.S.

stands automatically vacated.

( Rakesh Kumar,J.)