JUDGEMENT
R.R.PRASAD,J. -
(1.) HEARD learned counsel appearing for the petitioner and learned
counsel appearing for the State.
(2.) THIS application has been filed for quashing of the entire criminal proceeding of C.P. Case no.1377 of 2009 including the order dated
11.1.2010 whereby and whereunder the then Judicial Magistrate, Dhanbad took cognizance of the offences punishable under Section
498A of the Indian Penal Code and also under Section 3/ 4 of the Dowry Prohibition Act against the petitioner.
Learned counsel appearing for the petitioner has been assailing the order taking cognizance being bad for the reason that two complaints
have been filed, one by the opposite party no.2 and the other by the
sister of opposite party no.2 against the brother of the petitioner, who has
married younger sister of opposite party no.2 and that both the
complaints are verbatim same and thereby it can be said that the instant
prosecution has been lodged maliciously.
(3.) IT was further submitted that this petitioner earlier to filing of this application had filed informatory petition before the Chief Judicial
Magistrate concerned as well as Officer-in-Charge of the concerned
Police Station stating therein that he may be implicated falsely in a case
by opposite party no.2.;
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