IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.44496 of 2008
1. Ahmadi Khatoon, Wife of Late Ahtesham Ali.
2. Aisha Khatoon, Daughter of Late Ahtesham Ali and wife of Md. Shahnawaz Akhtar,
resident of Mohalla Aliganj Road No. 12, PS Chandauti, District Gaya at present at
Mohalla Murarpur, B.N. Jha Road, P.S. Kotwali, District Gaya.
3. Imteyaz Ali, Son of Ahtesham Ali, Resident of Mohalla Murarpur B.N. Jha Road, P.S.
Kotwali, District Gaya. ----- Petitioners.
Versus
1. The State of Bihar.
2. Naima Akhtar @ Rumi, Wife of Imteyaz Ali, Resident of Mohalla Aliganj Road No. 12,
PS Chandauti, District Gaya. ---- Opposite Parties.
-----------
3 14.9.2011 Heard the parties.
The petitioners are aggrieved by order dated 27.4.2005
taking cognizance in Complaint Case No. C- 359 of 2005 under
Sections 323 and 498A/34 of the Indian Penal Code.
Learned counsel for the petitioners submits that petitioner
no. 2 Aisha Khatoon was married to the complainant Naima Akhtar @
Rumi’s brother. It is said that Aisha Khatoon had filed a case earlier
under Section 498A against the family members of opposite party no.
2. The submission is that the present is a counter blast to the earlier
case under the dowry Act.
This Court is not inclined to consider quashing the order
of cognizance dated 27.4.2005 on the grounds urged on behalf of the
petitioners as both the complaints are distinct, because of the fact that
the allegations are with respect to offences under Section 498A of the
Indian Penal Code which would not warrant quashing of the order of
cognizance.
This application is dismissed.
Sanjay (Sheema Ali Khan, J.)
