Citation : 2022 Latest Caselaw 2670 Jhar
Judgement Date : 14 July, 2022
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 1289 of 2022
Nausaba Begum @ Nausaba ...... Petitioner
Versus
The State of Jharkhand & Anr. ...... Opposite Parties
CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioner : Mr. Kaushik Sarkhel, Advocate For the State : Mr. Ravi Prakash, Spl. P.P.
3/Dated: 14/07/2022 Learned counsel for the petitioner submits that petitioner is
mother-in-law of the O.P. No. 2 and there is omnibus allegation against the
petitioner. He further submits that cognizance has been taken under sections
498A of the I.P.C. and under section 3/4 of D.P. Act. He further submits that the
petitioner is residing separately from her son and daughter-in-law. He further
submits that time and again the Hon'ble Supreme Court has held that only on
omnibus allegation family members are being implicated in the matrimonial
dispute. According to him the present case is covered in the light of judgment
in the case of "Preeti Gupta Vs. State of Jharkhand" reported in (2010) 7
SCC 667.
Let notice be issued upon the O.P. No. 2 under registered cover
with A/D as well as by ordinary process, for which requisites etc. must be filled
within two weeks.
No coercive step shall be taken against the petitioner in
connection with Complaint Case No. 956 of 2021, pending in the Court of
learned Judicial Magistrate, Godda till the next date.
Let it appear on 22.12.2022.
( Sanjay Kumar Dwivedi, J.) Satyarthi/
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