HARBANS SINGH Vs. STATE DELHI ADMINISTRATION

JUDGEMENT

(1.) Shri Harbans Singh and his wife Darshan Kaur have filed this petition under Section 482 of code of criminal procedure seeking quashment of order dated September 21,1939 of Shri N.P. Kaushik, Metropolitan Magistrate, Delhi. By the impugned order the Magistrate has held <PG>370</PG> that the petitioners arc to be proceeded against for an offence punishable under Section 406 of Indian Penal Code.

(2.) Smt. Gursharan Kaur has brought a complaint against the petitioners and her husband Gursharan Singh for an offence punishable under Section 6 Dowry prohibition Act, 1961. The Magistrate recorded the preliminary evidence and came to the prima facie view that certain dowry items are still in possession of the accused Gursharan Singh and possession of the dowry items by Harbans Singh and Darshan Kaur, parents of Gursharan Singh was for the benefit of Gursbaran Kaur and thus be passed an older of summoning Gursharan Singh to face trial for an offence punishable under Section 6 of the Dowry Prohibition Act.

(3.) The complainant being aggrieved from this order filed a criminal revision in the Sessions Court for getting an order of summoning the said parents also to face the offence under Section 6 of the said Act. The said revision petition was allowed by the Addition Sessions Judge and directions were given for proceedings against these petitioners for the said offence.