- (1.) HEARD Mr. A. K. Kashyap, learned senior counsel for the petitioners and Mr. Indrajit Sinha, learned counsel for the opposite party no. 2.
(2.) IN this application, the petitioner has prayed for quashing the order dated 07.08.2012 passed by Sri A. K. Dubey, J.M. 1st class, East Singhbhum, Jamshedpur in C/1 Case No. 1702 of 2010 by which the application filed under Section 245 of Cr.P.C. on behalf of the petitioners have been rejected and the petitioners have further prayed for quashing the order dated 17.01.2014 passed by the learned Additional Sessions Judge I, Jamshedpur in Criminal Revision No. 218 of 2012 whereby and whereunder the revision preferred by the petitioners was dismissed and the order dated 07.08.2012 passed by the learned Judicial Magistrate 1st class, East Singhbhum, Jamshedpur was sustained.
(3.) LEARNED senior counsel for the petitioner has submitted that the Talak has taken place in the year 2007, but the complaint case was instituted on 17.06.2010 i.e., after three years after the Talak and in such circumstances, no case under Section 498A and 406 of the I.P.C. is made out. It has further been submitted that petitioners are the mother -in -law and brothers -in -law of the complainant who reside at a separate place and in such view of the matter, the petitioner could not have been made an accused in the present case. It has also been submitted that no case under Section 406 and 498A of the I.P.C. is made out and in fact, the learned Revisional Court vide order dated 17.01.2014 did not properly consider the materials available on record and without giving any proper finding has dismissed the revision application. The learned counsel for the opposite party no. 2, on the other hand, has submitted that the complaint petition reveals a prima facie case for the offences punishable under Section 498A, 323, 406, 420 and 504 of the I.P.C. and both the courts below have considered the application under Section 245 of Cr.P.C. and has rightly come to a conclusion that sufficient material exists for framing of charge against the accused persons.;