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Judgment
Rakesh Kumar, J.—The three petitioners, while invoking inherent jurisdiction of this Court u/s 482 of the Code of Criminal Procedure, have prayed for quashing of the order dated 25.3.1998. By the said order the learned Chief Judicial Magistrate, Katihar, after examining the complainant on S.A. and complaint petition, took cognizance of offences in Complaint Case No. 392 of 1998 under Sections 386, 380, 498A/34 of the Indian Penal Code and transferred the case to the court of Sri S.N. Singh, Judicial Magistrate, 1st Class, Katihar for its disposal.
The complaint petition was filed by Opp.Party No. 2, wife of petitioner No. 1, making allegation of torture for non-fulfilment of dowry and also ousting her from the house. It was also alleged that the accused persons had committed offences under Sections 386, 380, 498A/34 of the Indian Penal Code.
After having examined the materials available on the record, I do not find any error in the order dated 25.3.1998.
In view of the facts and circumstances as mentioned herein above, I am of the view that at this initial stage it would not be appropriate to interfere with the order of cognizance. Perusal of the complaint petition itself shows commission of offence as indicated above. There is no defect in the order taking cognizance. Accordingly petition stands rejected.
In this case by the order dated 10.2.1999, while issuing notice to Opp.Party No. 2, this Court had directed that in the meantime further proceeding of Complaint Case shall remain stayed. Subsequently, by order dated 20.12.1999 the case was admitted for hearing. While admitting the case, this Court had directed that pending disposal of this application, further proceedings in Complaint Case No. 392 of 1998 pending in the court below shall remain stayed.
In view of rejection of this petition, the interim order of stay stands automatically vacated.
Let this order be communicated to the court below forthwith.