Khedu Ram and Others vs The State of Bihar and Another

Mridula Mishra, J.—Heard counsel for the Petitioners and the counsel appearing for opposite party No. 2.

This application has been filed by the Petitioners who are the father in law, mother in law and distant relative of the husband of the victim Mira Kumari, against the order dated 28.8.2003, passed by Judicial Magistrate, 1st Class, Bettiah in Tr. No. 2597 of 2003 by which the Petitioners have been summoned in Tr. No. 2597 of 2003.

Counsel appearing for the Petitioners has stated that initially a police case was instituted by opposite party No. 2 alleging commission of offence under Sections 498A/120B of the Indian Penal Code in which the Petitioners as well as one Pradip Ram husband of the victim Mira Kumari was made accused. After investigation police submitted final form against the Petitioners and only Pradip Ram was chargesheeted under Sections 498A/120B of the Indian Penal Code. A protest petition was filed by the informant but ignoring the protest petition final form was accepted by the Magistrate. Against that order the informant preferred Cr. Rev. No. 78 of 2003 before the A.D.J. Bettiah. By order dated 4.6.2003 the criminal revision was allowed and the matter was remanded to C.J.M. Bettiah for passing an order in accordance with law. The informant filed a petition before the C.J.M. Bettiah in the light of the remand order passed by the revisional court and the impugned order has been parsed thereafter by the Chief Judicial Magist. Counsel for the Petitioners further submitted that the order impugned shows non application of mind and the order has been passed even without recording the statement of complainant on solemn affirmation.

Counsel appearing for opposite party No. 2 has stated that the statement of the complainant was recorded on solemn affirmation when the protest was dismissed. After remand there was no occasion for recording the statement of informant on solemn affirmation.

From the impugned order it is apparent that the learned Chief Judicial Magistrate has passed this order even without mentioning the alleged offence in respect of which summons have been issued against the accused persons. Counsel for opposite party No. 2 has further stated that the F.I.R. was filed alleging commission of offence under Sections 302/120B of the Indian Penal Code. The victim lady Mira Kumari is still traceless and a petition was filed before the Magistrate with the prayer to take cognizance against the accused for commission of offence under Sections 302/120B of the Indian Penal Code.

Under the aforesaid circumstances, the order impugned is hereby quashed and the matter is remanded to the Chief Judicial Magistrate, Bettiah for proper consideration and for passing an order in accordance with law on consideration of the materials before the court brought in the protest petition.

Accordingly with the direction/observations aforesaid this application is disposed of.