inherent powers of Criminal court

Supreme Court of India
Minu Kumari And Anr vs The State Of Bihar And Ors on 12 April, 2006
Author: A Pasayat
Bench: Arijit Pasayat, S.H. Kapadia
           CASE NO.:
Appeal (crl.)  420 of 2006

PETITIONER:
Minu Kumari and Anr.

RESPONDENT:
The State of Bihar and Ors.

DATE OF JUDGMENT: 12/04/2006

BENCH:
ARIJIT PASAYAT & S.H. KAPADIA

JUDGMENT:

J U D G M E N T (Arising out of (SLP (Crl.) No. 4607 of 2003) ARIJIT PASAYAT, J.

Leave granted.

Challenge in this appeal is to the legality of order passed by a learned Single Judge of the Patna High Court rejecting the petition filed by the appellants in terms of Section 482 of the Code of Criminal Procedure, 1973 (in short the ‘Code’).

Factual position in essence is as follows:

On the written report of informant Dhrup Narain Dubey, father of respondents 2 and 3 case for alleged commission of offences punishable under Sections 341323 and 435 read with Section 34 of the Indian Penal Code, 1860 (in short the ‘IPC‘) was registered vide Raghunath Pur P.S. case No.7/99 dated 20.8.1999. It was alleged that accused persons named in the FIR assaulted the informant and others. However, the police after investigation submitted charge sheet wherein three of the ladies accused were found to be not involved in the case. The police submitted charge sheet only against Harendra Dubey and Sheo Kumar Dubey. The charge sheet was placed before the learned Chief Judicial Magistrate (in short the ‘CJM’) who by his order dated 15.2.1999 took cognizance of the offence and directed issuance of processes against accused Sheo Kumar Dubey, Harendra Dubey, and appellants Minu Kumari and Runjhun Kumari on the ground that there is a prima facie case against them for the offences punishable u/s 341, 323 and 435 read with Section 34 IPC. The learned CJM also ordered for issuance of summons and made over the case to the court of Judicial Magistrate, 1st Class for favour