H.C. Mishra, J. - (1.) Heard learned counsel for the petitioners and learned counsel for the State. The complainant-opposite party No.2 has not appeared in spite of valid service of notice upon her.
(2.) Petitioners have prayed for quashing the order dated 21.7.2005 passed by the learned Sub-Divisional Judicial Magistrate, Dhanbad, in C.P. Case No. 321 of 2005, whereby on the basis of the statements made in the complaint petition and the materials brought before the Court below, at the enquiry stage, prima facie offences under Section 498-A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act have been found against the petitioners and the summons were directed to be issued against them.
(3.) Petitioners are the husband and other in-laws of the complainant and the complaint petition, which has been brought on record, shows that the marriage of the complainant with the petitioner Luthfor Rehman had taken place in the District of Hawra in West Bengal. There are allegations against the petitioners of subjecting the complainant to cruelty and torture for demand of dowry, including, administering medicine and injection to her, due to which her condition become pitiable and it is alleged that they actually acted as slow poison. Ultimately she was brought to her father's place situated at Dhanbad, where the complaint petition was filed by the complainant making allegations against her husband and other in-laws. The statement of the complainant was recorded on solemn affirmation, in which she has supported the case and four witnesses were examined in the enquiry stage, and on the basis of the materials brought before the Court below, at the enquiry stage, prima facie offence has been found against the petitioners as stated above, by the impugned order dated 21.7.2005.;