MINAKSHI BALA Vs. SUDHIR KUMAR

JUDGEMENT

(1.) SPECIAL leave granted. Heard the learned counsel appearing for the parties.

(2.) ON 24-9-1990 the appellant lodged a first information report (FIR) with the Civil Lines Police Station, Ludhiana alleging commission of offences under Sections 406 and 498-A of the Indian Penal Code by her husband, parents-in-law and four other members of her husband's family. ON that information a case was registered and on completion of investigation police submitted charge-sheet against all of them on 31-12-1990. Aggrieved thereby all the accused persons, except the appellant's husband, filed a petition in the Punjab and Haryana High Court on 14-7-1991 seeking exercise of its inherent powers under Section 482 CRPC for quashing the FIR and the proceeding arising therefrom. By the time the petition came up for hearing before the High Court, the Additional Chief Judicial Magistrate, Ludhiana had taken cognizance upon the charge-sheet and, after hearing the parties, framed charges under Sections 406 and 498-A of the Indian Penal Code against all the accused persons. As they had pleaded not guilty the Magistrate had also fixed a date for recording of prosecution evidence. Before, however, evidence could be gone into, the High Court took up the petition for final hearing, along with another petition which the accusedrespondents had subsequently filed under Section 482 CrPC for setting aside the charges, and quashed the entire proceeding including the charges framed against the accused by a common order. Hence these two appeals.

(3.) IN the case of Swapan Kumar Guhal this Court was moved at a stage when investigation was being carried on and the question for its consideration was as to whether the first information report lodged therein disclosed an offence under Section 4 read with Section 3 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 entitling the police to undertake the investigation. This Court examined that question with reference to the facts of the case and held that the allegations did not attract the provisions of the above Act. The High Court, therefore, was not at all justified in placing reliance upon the case of Swapan Kumar Guhal.