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2012 DIGILAW 1626 (PAT)

Shambhu Sah v. State of Bihar

2012-12-05

MANDHATA SINGH

body2012
JUDGMENT Mandhata Singh, J. Heard learned counsel for the petitioners and learned counsel for the State. 2. This application is filed for quashing the order dated 06.06.2003 passed by the Sub-Divisional Judicial Magistrate, Vaishali at Hajipur in Complaint Case No. 2505 of 2002 corresponding to Tr. No. 1567 of 2005. 3. Cognizance taken under Section 498A of the Indian Penal Code and Section 4 Dowry Prohibition Act is challenged to be quashed by filing this quashing petition on the ground that for the act of petitioners Saraiya P.S. Case No. 221 of 2002 is lodged charge-sheeted and after trial, judgment of acquittal is delivered. Any proceeding for the same act, according to learned counsel for petitioners, is barred by double jeopardy. Fact of Saraiya P.S. Case No. 221 of 2002 is that for demand, complainant was tortured. In the instant case also demand and tortured is alleged. The only difference is that F.I.R. is lodged at Muzaffarpur and complaint is lodged at Hazipur but in any case, this malice prosecution cannot be allowed to continue for any more. 4. Hence, this quashing application is allowed. The order dated 06.06.2003 passed by the S.D.J.M. Vaishali at Hajipur in connection with Complaint Case No. 2505 of 2002 is hereby quashed. 5. Submission on behalf of learned counsel for the petitioners is that Complaint Case No. 2505 of 2002 has wrongly been typed in the complaint petition as “Complaint Case No. 2405/02”, annexure-1 to the application. Let the same be corrected to be read as “Complaint Case No. 2505 of 2002”.