SHOBA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners - accused Nos.2 to 6 are before this Court challenging the proceeding for the offences punishable under Ss. 498A , 323 , 504 and 4 of Dowry Prohibition Act, 1961.

(2.) The case of the prosecution is that, the accused No.1 is the husband. The accused Nos.2 and 3 are the parents- in-law. The accused Nos.4 and 6 are the sisters-in-law. The accused No.5 is the brother-in-law. They subjected the defacto complainant to cruelty, and also demand was made to bring money from the parental home. The cognizance taken of the aforesaid offences is impugned in this petition.

(3.) The learned counsel for the petitioners - accused Nos.1 and 2 submits that, except the omnibus and general allegations, there is no specific allegation as against each of the accused herein, and the cognizance taken only on the basis of omnibus allegation is impermissible. He further submits that the defacto complainant, and the accused No.1 are residing separately at Bengaluru.