RONGON MUKHOPADHYAY,J. - (1.) Heard Mr. Mahesh Prasad Sinha, learned counsel appearing for the petitioners and Mr. Sudhansu Kumar Deo, learned A.P.P.
(2.) In this application the petitioners have prayed for quashing of the entire criminal proceedings in connection with Hirodih P.S. Case No. 69 of 2015 instituted for the offences punishable under Sections 498A, 304B/34 of the Indian Penal Code. A further prayer has been made for challenging the order dated 18.12.2015 and 07.01.2016 passed by the learned Judicial Magistrate, 1st Class, Giridih whereby and where under non-bailable warrant of arrest and proclamation under Section 82 Cr.P.C. has been ordered to be issued.
(3.) It has been stated by the learned counsel for the petitioners that the husband was arrested and in course of trial since the prosecution was not able to prove its case beyond all reasonable doubts he was acquitted. Learned counsel submits that the benefit of acquittal of the husband should also percolate in favour of the petitioners in view of the fact that none of the witnesses have come forward to support the allegation levelled against the accused persons. In support of his contention, learned counsel for the petitioners has referred to a judgment of the Hon'ble Supreme Court in the case of Md. Sajjad @ Raju @ Salim reported in 2017 (1) JBCJ 281 (SC). A further argument has been advanced by the learned counsel for the petitioners that so far as the direction for issuance of proclamation under Section 82 Cr.P.C. is concerned, the same does not contain any valid reasons. Learned A.P.P. has opposed the prayer made by the petitioners.;