- (1.) This application has been filed for quashing the order dated 28.02.2015 passed by Judicial Commissioner, Ranchi in Cr. Revision No. 78 of 2014, whereby he dismissed the revision application and affirmed the order dated 12.02.2014 passed by Judicial Magistrate, Ranchi in G.R.No. 6172 of 2011, corresponding to Mahila P.S. case no. 35 of 2011, whereby petition filed by the present petitioners under section 239 Cr. P.C. has been rejected. Petitioner further prayed for quashing the aforesaid order dated 12.02.2014 passed by Judicial Magistrate, Ranchi in G.R. No. 6172, corresponding to Mahila P.S. case no. 35 of 2011.
(2.) It is submitted that the informant Mukta Jaiswal had filed a written report before the Officer-in-Charge, Mahila Police Station, Ranchi alleging therein that she has been harassed and tortured by her husband and parent-in-laws ( petitioners) for demand of dowry. On the basis of the aforesaid written report, Mahila P.S. case no. 35 of 2011 dated 08.12.2011 instituted under section 498(A) I.P.C. and section 3/4 of the Dowry Prohibition Act. It further appears that police after investigation submitted charge-sheet against the accused persons, including the petitioners. Thereafter, learned court below took cognizance of the offence. Thereafter, an application filed by the petitioners under section 239 Cr.P.C. for discharge. The aforesaid application was dismissed by the learned Judicial Magistrate vide order dated 12.02.2014 on coming to the conclusion that prima facie offence under section 498(A) I.P.C. and section 3/4 of the Dowry Prohibition Act made out against the petitioners. Thereafter, petitioners filed criminal revision against the aforesaid order of learned Judicial Magistrate, which was registered as Criminal Revision No. 78 of 2014. The aforesaid criminal revision was dismissed by the learned Judicial Commissioner, Ranchi vide order dated 28.2.2015. Against the aforesaid orders, present application has been filed.
(3.) Shri Indrajit Sinha, learned counsel appearing for the petitioners submits that from perusal of F.I.R. and other materials available on record, it is clear that almost all the occurrences took place at Bangalore, where informant was residing with her husband. He further submits that petitioners are residing at Ranchi and there is no allegation against them that they tortured the informant for demand of dowry. Accordingly, Sri Sinha submits that no offence made out against the petitioners.;