JAYA ROY,J. - (1.) THIS revision application is directed against the order dated 27.8.2008 passed in complaint case No. 43 of 2003 by the court of Shri Rakesh Kumar Judicial Magistrate, Ranchi, whereby the petition filed under Section 245 Cr.P.C. by the petitioner is rejected.
(2.) THE case in brief is that the opposite party No. 2 filed a complaint petition before the court of C.J.M. Ranchi, stating therein that the complainant Zohara Khatoon married with Jamil Akhtar (petitioner) on 5.5.1992 according to Muslim Law and Rites and they are living peacefully with his matrimonial family. Thereafter from the said wedlock two children were born to the complainant. The petitioner is employed at Central Institute of Psychatry Kanke as Clerk. The accused No. 3 Olga Pentoni is also working at the same Hospital as Nurse. The accused No. 1 (petitioner) and accused No. 3 had developed extra marital relations between them and on protest made by the complainant the husband used to assault and ill treatment with the complainant. On 26.1.2002 at 7.30 P.M. the accused No. 1 along with accused No. 2 came to the complainant and when she made objection the accused No. 1 started beaten the complainant and badly injured the complainant and she fell down on the roof. In the mean time accused No. 2 reached there and snatched the gold chain from the complainant and gave to the accused No. 3. The complainant when asked to return the same the accused No. 1 objected to it. Further case of the complainant is that she has purchased a piece of land with the help of her father and constructed a Pucca house over it and practically the same is gifted by her father to her children and to herself. But the accused No. 1 sold the said land to another person playing fraud upon the complainant for an amount of Rs. 2,70,000/ - and did not give a single rupee to the complainant. Inspite of the all this things the complainant made all her efforts to make the situation good and peaceful but the accused No. 1 on 20.6.2002 kicked out the complainant from his house and snatched two sons and threatened her that if she returns to his house she would be killed. On the basis of the complaint petition a case has been registered i.e. Complaint Case No. 43 of 2003 under Sections 494, 511, 406, 420, 323, 324/34 and 379 I.P.C. against the accused persons including the petitioner.
(3.) THEREAFTER the trial court after taking cognizance transferred the case to the court of Judicial Magistrate, Ranchi for the trial. The court below had taken cognizance by its order dated 24.3.2003 for the offence under Section 406, 323, 379 I.P.C. against the present petitioner and for the offence under Section 323, 379 I.P.C against the accused Nos. 2 and 3 and directed to issue summons to them. Thereafter in course of the trial the petitioner filed a petition on 2.7.08 under Section 245 Cr.P.C. for discharging him. The complainant had also filed a rejoinder. After considering the arguments advanced by the parties and the materials on records, the trial court has rejected the said petition under Section 245 Cr.P.C. filed by the petitioner.;