MANOJ MAHAVIR PRASAD KHAITAN Vs. RAM GOPAL PODDAR

JUDGEMENT

(1.) Leave granted.

(2.) This judgment will also dispose of the Transfer Petition being T.P. (Crl.) No. 259/2008 filed on behalf of Smt. Rekha Kailash Poddar who is the daughter-in-law of Ram Gopal Poddar, respondent No. 1 herein.

(3.) The facts are very peculiar. Smt. Rekha Poddar who is the daughter-in-law of the respondent No. 1 herein, is also the sister of the appellant herein. After the marriage allegedly she was harassed by her in-laws for dowry. She, therefore, proceeded to file a complaint for the offences punishable under Sections 498A, 406 of the Indian Penal Code (IPC) read with Section 4 of the Dowry Prohibition Act against Ram Gopal Poddar, respondent No. 1 herein, who is her father-in-law. The respondent No. 1 was arrested for those offences on 15.7.2004 and was released on bail on the next day i.e. 16.7.2004. In pursuance of this complaint, the police officers from Nerul Police Station and also from Rajasthan had gone to the matrimonial home at Mumbai for investigation, with whom the present appellant was also present. The police conducted a raid at the matrimonial house on 14.7.2004 when the appellant herein was also present. They probably wanted to seize the passport of the sister of the appellant.