Deoki Nandan Prasad, J. - (1.) This application has been filed under Section 482 of the Code of Criminal Procedure for quashing the order dated 2.3.2002 passed by the Session Judge, Deoghar in Criminal Revision No. 44 of 1999, whereby the learned Sessions Judge affirmed the order of the trial Court dated 6.4.1999 summoning the accused under Section 319 of the Code of Criminal Procedure in connection with T.R. No. 440 of 1999 arising out of PCR No. 233 of 1997.
(2.) A complaint case was filed in the Court of Sub-Divisional Judicial Magistrate, Madhupur at Deoghar alleging therein that the complainant is the legally married wife of accused/petitioner No. 1 and the marriage took place in the year 1991. Accused persons after some time started demanding dowry of Rs. 10,000/- and due to non-fulfillment of the said demand, the accused persons started torturing the complainant and later on she was driven away from the house. Hence, a complaint case was filed.
(3.) The learned Court below held enquire under Section 202, Cr PC witnesses were examined and after being satisfied that the prima facie case is made out, cognizance was taken under Section 498A, Indian Penal Code against the accused persons/ petitioners. The trial begun in the case. Evidence of witnesses before charge was also adduced. Thereafter, the complainant filed a petition under Section 319, Cr PC for summoning the accused persons. After hearing both parties, the trial Court passed order dated 6.4.1999 allowing the petition under Section 319, Cr PC, against which the petitioners preferred revision before the Sessions Judge. The learned Sessions Judge passed the order impugned dated 2.3.2002 affirming the order of the trial Court allowing the petition under Section 319, Cr PC. Hence this application.;