Ravi Nath Verma,J. - (1.) The petitioners by invoking the extra ordinary jurisdiction of this Court under Article 226 of the Constitution of India have prayed to quash the order dated 03.01.2015 passed by the learned Judicial Magistrate, 1st Class, Hazaribagh in G.R. Case no. 4492 of 2014 arising out of Patratu P.S. Case no. 270 of 2014 whereby the warrant of arrest have been issued against the petitioners and also the order dated 25.03.2015 of the same court whereby the processes have been issued against the petitioners without complying the mandates of the above two provisions of the Code of Criminal Procedure (in short 'the Code').
(2.) To put in short the relevant facts, necessary for the purposes of adjudication of the points involved in this writ application, is that; at the instance of the respondent no.2-the informant Upendra Prasad Sah, the aforesaid case was instituted on the ground that marriage of his daughter was fixed with Sandeep Kumar, son of Amrendra Ram Das @ Arvind Ram Das the petitioner no.1, where after he paid a sum of Rs. 51,000/- cash to the petitioner no.1 and the date of engagement was fixed in July, 2014 but later on again the petitioners on different occasions demanded Cash, vehicle and jewelry and also extended the date of engagement and threatened that if the demands are not fulfilled, they will postpone the marriage. Where after the aforesaid case was lodged under Section 420 of the Indian Penal Code and also under Sections 3/4 of Dowry Prohibition Act.
(3.) It appears from the order sheet of the aforesaid case that after institution of the case on 7.11.2014, the case was fixed for 12.02.2015 for submission of final form but before that on 03.01.2015, the Investigating Officer filed an application before the learned Magistrate for issuance of warrant of arrest of the petitioners and other accused persons and the same was issued. Subsequent thereto vide order dated 25.03.2015, prayer was made by the Investigating Officer to issue process under Section 82 of the Code against the petitioners and the same was also issued.;