Akhlaque Khan & Ors vs State Of Bihar & Anr on 20 November, 2017

IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43199 of 2014
Arising Out of PS.Case No. -21 Year- 2014 Thana -EAST CHAMPARAN COM PLAINT District-
EASTCHAM PARAN (MOTIHARI)

1. Akhlaque Khan Son of Abdul Hafiz Khan

2. Abdul Hafiz Khan Son of Late Khalil Khan

3. Fatila Khatoon Wife of Abdul Hafiz Khan

4. Baby Daughter of Abdul Hafiz Khan

5. Mannu Khan Son of Abdul Hafiz Khan

6. Sannu Khan Son of Late Durga Sah

7. Ibadat Khan Son of Tafique Khan All residents of villa ge – Pakadia
Paithanpatti, P.S.- Darpa, District – East Champaran

8. Faruque Khan Son of Rauf Khan

9. Manir Khan Son of Late Shakur Khan Petitioner Nos. 8 and 9 reside nts o f
village – Nakardei, P.S. – Sugauli, District – East Champaran
…. …. Petitioners
Versus

1. The State of Bihar

2. Shahnaz Begum Wife of Akhlaque Khan and daughter of Sannaullah Kha n
Resident of Village Pakadia Paithanpatti, P.S. Darpa, District East Champaran
…. …. Opposite Parties

Appearance :

For the Petitioners : Mr. Umesh Chandra Verma, Advocate
For the State : Mr. Jharkhandi Upadhyay, APP
For O.P. No.2 : None

CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR
ORAL JUDGMENT
Date: 20-11-2017

The petitioners seek quashing of the cognizance order dated

06.08.2014, passed by Judicial Magistrate, 1 st Class, Raxaul, East

Champaran in Complaint Case No.C-21 of 2014 thereby taking cognizance

of the offence under Sections 498A, 406, 323, 325 and 504/34 of the Indian

Penal Code.

2. A short fact giving rise to the case is that complainant was

married with Akhlaque Khan, petitioner no.1, in the year 2010 but after

sometime her husband, petitioner no.1. father-in-law, petitioner no.2 and

mother-in-law, petitioner no.3 started making further demand of
Patna High Court Cr.M isc. No.43199 of 2014 dt.20-11-2017

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Rs.5,00,000/- in order to start a business by the husband, so in that

connection she was tortured and assaulted by all accused persons

intermittently. It is alleged that accused nos.8 and 9 were also instigating

her husband and others to torture her. It is also alleged that once hot oil was

thrown over her body and one day her husband assaulted her causing

fracture in her hand and the mother-in-law and Nanad also assaulted after

pulling her hair.

3. Learned counsel for the petitioners submits that the

allegations against the accused persons are general and omnibus, in fact all

family members have been made accused including even the distant

relatives living in different villages, petitioner nos.8 and 9, too have been

made accused in this case. Petitioner no.4 is unmarried Nanad, petitioner

nos.5 and 6 are brothers of the husband, petitioner no.7 is a co-villager not

related with the husband whereas petitioner nos.2 and 3 are father-in-law

and mother-in-law.

4. Learned counsel appearing on behalf of the State submits

that the allegation is not specific against petitioner nos.4 to 9.

5. Having considered the rival submissions and on perusal of

record, the Court finds that the allegation of committing torture to meet

demand of dowry is specific only against Akhlaque Khan, the husband-

petitioner no.1, Abdul Hafiz Khan and Fatila Khatoon, father-in-law and

mother-in-law, petitioner nos.2 and 3 respectively whereas the allegation

against rest others, i.e., petitioner nos.4 to 9 are only sweeping in nature.

There is only casual reference of their names in the complaint with regard
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to demand of dowry and torture. There is complete lack of any specific

allegation against these persons. Petitioner nos.8 and 9 are distantly related

to the complainant’s husband and living at a distant place to some other

village, petitioner no.4 is unmarried Nanad, petitioner nos.5 and 6 are

younger brothers of the husband of the complainant whereas petitioner no.7

is said to be a co-villager and not related with the husband.

6. Though cognizance order dated 06.08.2014 and the

subsequent criminal proceedings against petitioner nos.4 to 9, namely,

Baby, Mannu Khan, Sannu Khan, Ibadat Khan, Faruque Khan and Manir

Khan are hereby quashed in connection with Complaint Case No.C-21 of

2014, pending in the court of Judicial Magistrate, 1 st Class, Raxaul, East

Champaran whereas the criminal proceeding will continue against

petitioner nos.1 to 3, namely, Akhlaque Khan, Abdul Hafiz Khan and Fatila

Khatoon, the husband, father-in-law and mother-in-law respectively against

whom the allegation is specific.

7. Accordingly, the quashing application stands disposed of.

(Arun Kumar, J.)
S.Kumar/-

AFR/NAFR NAFR
CAV DATE NA
Uploading Date 22.11.2017
Transmission 22.11.2017
Date

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