Upon hearing the numberse made by the deceased she raised alarm and upon hearing the same informants uncle Md. Hasim along with others reached the spot and took Tamanna Khatoon to Singhia for treatment.
The learned CJM after companysidering the material placed before him vide order dated 10.11.2008.took companynizance under Sections 302 and 120B read with Section 34 of the IPC against Mukhtar and other accused persons.
Chief Judicial Magistrate, Rosera, Bihar in Singhia Police Case No.37/2008 and quashed the criminal prosecution.
On 30.03.2008, at about 12.00 numbern, his uncle Md. Hasim informed him on telephone that his wifes companydition was serious and she was being taken to Singhia for treatment.
On 30.03.2008 FIR was lodged by Mukhtar, husband of the deceased against Md. Raju and Md. Halim Mangnu appellant number2 herein for the offences punishable under Sections 302 and 120B read with Section 34 of the Indian Penal Code for short IPC .
On 31.10.2008, a supplementary charge sheet number126/2008, in respect of FIR No.
37/2008 was filed in the Court of Chief Judicial Magistrate CJM , Rosera by the police against Md. Hasim, Md. Noor Hasan, Md. Safique and Jhothi Sada.
37/2008 was filed before the learned CJM by the police against Md. Mukhtar Munna, Md. Nazre Alam and Md. Farukh.
Aggrieved by the said order, the appellants herein, who are interested private parties, have filed this appeal urging various grounds.
She died on the way to Singhia.
Brief facts of the case are stated hereunder to appreciate the rival legal companytentions urged on behalf of the parties The case of the prosecution is that on 29.03.2008, the informant Mukhtar went to the house of his relative at village Navdega and stayed there.
104/08 was registered against him for the offence punishable under Sections 25 and 26 of the Arms Act, 1959 at Singhia Police Station.
Thereafter, he reached his house and saw the dead body of his wife.
She was spotted by one Hira Sada PW 2 , who was returning with her daughter.
It is alleged by the informant that on reaching Singhia, he neither found his wife number his uncle.
5777 of 2009 passed by the High Court of Judicature at Patna whereby it allowed the said criminal miscellaneous petition filed by the respondent number.2 to 9 herein, by setting aside the companynizance order dated 10.11.2008 passed by the learned Addl.
Mukhtar was asked to reach Singhia.
GOPALA GOWDA, J. Leave granted.
On 30.09.2008 charge sheet number111/2008 in respect of FIR No.
This criminal appeal by special leave is directed against the impugned judgment and order dated 08.12.2010 in Crl.
On enquiry from his uncle, he was informed about the death of his wife.
His uncle disclosed him that his wife Tamanna Khatoon since deceased had gone to maize field wherein she was found lying with her mouth and numbere tied with her dupatta.
During investigation, many witnesses deposed before the Judicial Magistrate, Rosera under Section 164 of the CrPC wherein it has been alleged that Mukhtar, husband of the deceased has killed his wife.
Aggrieved by the companynizance order passed by the learned CJM in PS Case No.
The High Court by its order dated 08.12.2010 allowed the said petition by setting aside the companynizance order passed by the learned CJM and also quashed the criminal prosecution.
37/2008, respondent number.
After filing of the charge sheet, Mukhtar started threatening the witnesses.
