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A criminal complaint was filed in 2001, in a magistrate’s court of Bihar by a lady against her in-laws. The charges were framed by the magistrate in the year 2004 under sections 498 A, 323, 406, 379 and 504 of the IPC, 1860. The in-laws filed a plea for discharge was rejected by the Magistrate.
Then the same plea for discharge was filed in the HC, after several years in 2006 the plea was again dismissed. The ground for dismissal taken by the in-laws were based on the lack of territorial jurisdiction of the magisterial court. In the same year Special leave petition was filed in the SC, the bench stayed the operation of the HC judgement.
In 2009 the leave was granted to the plea and was numbered criminal appeal. In 2012 the registrar processed the matter for final hearing.
It was finally heard in the year 2017 by a bench Justice A.M. Sapre and Justice S. Abdul Nazeer, stated that there is no merit in the following appeal. The bench also stated that it is very disappointing that the matter was pending for several years not on the basis of merits but merely on technical grounds. Further direction was given to the magistrate to decide the matter within 6 months.
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