MAYAMMA Vs. STATE

JUDGEMENT

(1.) Petitioners are charge sheeted for the offences punishable under Ss. 143, 147, 498-A 323, 324, 341, 506 r/w sec. 149 of IPC alleging that the defacto-complainant is the legally wedded wife of accused No.1, accused No.2 is the mother-in- law, accused Nos.3 to 4 are the sister-in-laws and others are the relatives of the accused No.1-husband, and the accused subjected the defacto complainant to cruelty, both mentally and physically, and also abused her in a filthy language and assaulted her.

(2.) Cognizance taken by the learned Magistrate of the aforesaid offences is impugned in this petition by accused Nos.2 to 12.

(3.) Learned counsel appearing for the petitioners- accused submits that except omnibus and general allegations, there is no specific allegation as against the petitioners as to how and in what manner each of the accused subjected the respondent No.2 to cruelty both mentally and physically and also assaulted her. He further submits that the cognizance taken by the learned Magistrate only on the basis of the omnibus and general allegations in the absence of any corroborative material is impermissible in view of the decision of the Apex Court in the case of Kahkashan Kausar -Vs- State of Bihar reported in 2022 SCC OnLine SC 162.