Ravi Nath Verma, J. - (1.) Invoking the extra ordinary jurisdiction of this Court under Article 226 of the Constitution of India, the two petitioners have questioned the legality of the order dated 16.08.2012 passed by learned Chief Judicial Magistrate, Hazaribagh in connection with Sadar P.S. Case no. 12 of 2011 whereby and where under while differing with the findings of police report, the court below took cognisance of offence under Sections 498-A/341/323/504/34 of the Indian Penal Code and also under Section 3/4 of Dowry Prohibition Act and directed to issue summons to the petitioners.
(2.) The prosecution case, which is based on the complaint case of the complainant Naz Fatima, which was subsequently forwarded to the police station under Section 156(3) of the Code of Criminal Procedure (in short 'the Code') for institution of a case on the allegation that the marriage of the complainant was solemnised with Md. Ashif on 11.07.2009 according to Muslim Custom and after marriage, she went to her matrimonial home in West Bengal and started living with her husband and mother-in-law. On the instigation of the two petitioners, the Mama Sasur (maternal in-law) Abdul Rashid, who was residing with his family near the house of her husband, her husband and mother-in-law started torturing and demanded Rupees 12 Lakhs for purchasing a flat in Kolkata. On 02.02.2010, she came to her parent's house and narrated about the demand of the accused persons. Where after, her brother along with other persons went to her matrimonial house and requested the accused persons not to torture the complainant for additional dowry as they are not in a position to meet their demand but the accused persons disclosed their intention that if the demand is not fulfilled, she will be divorced by her husband. Finding no option, her father agreed to pay Rupees Five Lakhs but as the assured amount could not be given within the promised period, again she was subjected to torture by her husband and mother-in-law and even she was assaulted mercilessly by them. At one moment on the instigation of other accused persons including the petitioners, her husband tried to press her neck with an intention to kill her but she anyhow saved herself. Thereafter, she was ousted from her matrimonial home on 04.04.2010. In a Panchayati, the Punches tried to resolve the dispute but the accused persons did not agree and again demanded Rupees 12 Lakhs for purchasing a flat in Kolkata. Thereafter, the aforesaid case bearing Hazaribag Sadar P.S. Case No. 12 of 2011 was instituted on 06.01.2011.
(3.) The police after investigation, submitted the charge sheet against Md. Ashif-the husband and Saleha Khatoon-the mother-in-law of the complainant-informant - Naaz Fatima and submitted final form against the other accused persons including the petitioners. The court of learned Chief Judicial Magistrate after going through the police report finding prima-facie case took cognisance of the offence as indicated above vide order dated 16.08.2012 against these two petitioners also besides the husband and mother-in-law of the complainant and directed to issue summons against these two petitioners also to face trial.;