MUZAFFAR ALI SAJJID Vs. STATE OF A P

JUDGEMENT

(1.) The second respondent herein filed a criminal complaint before the iind Metropolitan Magistrate at Hyderabad alleging that the appellants herein had committed the offence punishable under Sections 4, 5 and 6 of the Child marriage Restraint Act, 1929. The complainant alleged that these accused persons entered into conspiracy and contracted the marriage of Mahjabeen fatima with the 3rd accused Muzamil Ahmed Sajid on 24-2-1997 at 7 p. m. at sameera Function Hall in Hyderabad. The complainant alleged that mahjabeen Fatima was born on 4-1-1980 and at the time of her marriage with the 3rd accused she was a "child" and hence the accused committed the offence under the Act. The complainant gave a sworn statement before the magistrate on 19-3-1997 and thereafter summons were issued to these accused persons.

(2.) The appellants filed petition under Section 482 of the Criminal procedure Code challenging the issuance of summons on the ground that no case was made out against the appellants. The appellants alleged that no enquiry was conducted by the Magistrate as contemplated under Section 10 of the Child Marriage Restraint Act read with Section 202 Crpc. The pleas raised by the appellants were not accepted by the High Court and the petition was dismissed. The order passed by the Magistrate is challenged before us.

(3.) We heard the counsel for the appellants and also the counsel for the complainant. We also heard Mr Huzffa Ahmadi, learned counsel appearing on behalf of the Muslim Personal Law Board as intervenor.