TANU SHARMA Vs. STATE

JUDGEMENT

(1.) THIS Petition under Section 482 of the Code of Criminal Procedure, 1973(Code) is directed against an order dated 13.07.2011 passed by the learned Additional Sessions Judge (ASJ) whereby Criminal Revision Petition No.35/2010 filed by Akshod Kumar Sharma (Respondent No.2) was allowed to the extent that Respondent No.2 was discharged for the offence punishable under Section 506 Indian Penal Code, 1860 (IPC) and Criminal Revision Petition No.3/2011 filed by the State for framing a charge for the offence punishable under Section 406 IPC was dismissed.

(2.) THE case has a chequered history. Petitioner Tanu Sharma (the wife) entered into an inter religion marriage, perhaps a love marriage with Respondent No.2 Akshod Kumar Sharma (the husband) on 11.08.1992.

(3.) ON completion of the investigation, a report under Section 173 of the Code was filed against the husband for offences punishable under Section 323/406/498 A/506 IPC. While ordering framing of the charge for the offences punishable under Section 498 A/506/323 IPC, the learned Metropolitan Magistrate discharged the husband of the offence punishable under Section 406 IPC on the ground that there were no specific allegations of entrustment of the property to the husband. Feeling aggrieved, the State approached the Sessions Court for framing of charge for the offence punishable under Section 406 IPC as well. The husband, on the other hand, came to the Sessions Court with a plea to discharge him for all the offences.