Heard learned counsel for the applicants and learned A.G.A.
Sri Shahabuddin, learned counsel for the O.P. No. 2 is not present.
This application under section 482 Cr.P.C. has been filed with a prayer to quash the proceedings of complaint case No. 372 of 2012, under sections 452, 323, 504, 506 IPC pending in the court of learned C.J.M. Bahraich.
From the perusal of the record it reveals that applicant No. 1 is wife of O.P. No. 2, the proceedings under section 498-A IPC etc. are also pending . In the present case the O.P. No. 2 has filed a complaint on which the statement of O.P. No. 2 has been recorded under section 200 Cr.P.C. and the statement of the witnesses have been recorded under section 202 Cr.P.C. The learned C.J.M. Bahraich has taken the cognizance and summoned the applicants to face the trial for the offence punishable under sections 452, 323, 504, 506 IPC. The impugned order dated 14.3.2012 has been passed in a mechanical manner by not disclosing the allegation made in the complaint or allegation made by the witnesses under section 202 Cr.P.C., even the number of the named witnesses under section 202 Cr.P.C. has not been disclosed by in the impugned order. In such circumstances, the impugned order dated 14.3.2012 is hereby set aside and learned C.J.M. Bahraich is directed to pass a fresh order in accordance with law after hearing O.P. No. 2.
Accordingly this application is disposed of.
Order Date :- 19.8.2014 RPD