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Judgment
Rekha Kumari, J.—This application filed u/s 482 of the Code of Criminal Procedure is for quashing the order dated 4.9.2004 passed by Shri Ravindra Choudhary, J.M. 1st Class, Bhagalpur in Complaint Case No. 511 of 2004 by which he has ordered to issue summons against the petitioner and other co-accused to stand trial for offence under sections 323, 329/34 I.P.C. Heard.
The allegations in the complaint petition in nutshell are that the petitioner was married to the daughter of the complainant. As the daughter was ill, the complainant went to see her when the petitioner and other co-accused abused and assaulted her (complainant) and snatched away her golden chain.
Learned counsel for the petitioner submitted that the petitioner is the Head of the Department of Zoology in T.N.B. College, Bhagalpur and it is not believable that he would indulge in such acts. He further submitted that the complaint petition itself would show that the complainant (Opp. Party No. 2) has filed a title suit before the filing of the complaint against her daughter for maintenance and that this case has been lodged by the complainant only to put pressure on her daughter and the petitioner.
It appears from the impugned order that the complainant in her statement on S.A. has supported the allegation. It also appears that the complainant also examined two witnesses in enquiry u/s 202 Cr. PC. and they have also supported the allegation. It is also settled that at this stage the defence of the accused persons cannot be taken into consideration.
Hence, when the complainant and her witnesses have supported the allegations and on the basis of their statement the impugned order has been passed, I do not find any reason to interfere with it. Accordingly, this application is dismissed.