BRIJESH SINGH AND Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) BRIJESH Singh, petitioner in Cr. P. No. 2571/2001, is A-1 in Crime No. 12/2001 of Ulsoor Gate Women's Police Station booked against him and his four relatives for the offences under Section 498-A read with Section 109, under Section 506 of I. P. C. and under Sections 3 and 4 of the Dowry Prohibition Act, on the complaint of his wife Smt. Sharmila, lodged with the police on 11-6-2001. He has filed the petition under Section 439 (1) (d) of Cr. P. C. praying to set aside the order dated 26-7-2001 in Cr. R. P. No. 218/2001 passed by the learned Prl. City Civil and Sessions Judge, Bangalore.

(2.) PETITIONER in Cr. P. No. 2639/2001 is the said Smt. Sharmila Brijesh Singh, wife of petitioner in Cr. P. No. 2571/2001. She has filed her petition under Section 482 of Cr. P. C. against the State by Ulsoor Gate Police, her husband Brijesh Singh and two others with a prayer to set aside the order dated 12-7-2001 of the 6th Addl. Metropolitan Magistrate, Bangalore, and the said order dated 26-7-2001 of the learned Prl. City Civil and Sessions Judge, Bangalore, in so far as it relates to returning of the Passport in question to her husband.

(3.) CERTAIN relevant facts leading to filing these two petitions may be stated as under: petitioner Brijesh Singh is hereinafter referred to as the 'husband', and his wife Smt. Sharmila is henceforth referred to as the 'wife'. The marriage between them had taken place on 13-10-2001. Both are educated and qualified persons. The husband had been employed and was working as Analyst Programmer in an establishment in Sydney, Australia. His official address furnished by a memo filed on 18-10-2001 is as follows : Mr. Brijesh Singh, analyst Programmer, interpro Cri Pvt. Ltd. , level 23, 1, Market Street, sydney, NSW 2000, p. O. Box Q 609 QVB, sydney NSW 1230, australia. His residential address at Australia given in the memo is as under : mr. Brijesh Singh, 12f, 30-34, The Plaza, churchill Avenue, strathfeild, nsw-2134. In the said memo, he has also furnished his permanent residential address in India and the same is as under : mr. Brijesh Singh, aged 32 years, s/o Mr. K. R. Kesari Singh, no. 1/30, Main Bazar, kurnool, andhra Pradesh.