ASHA SINHA Vs. STATE

JUDGEMENT

(1.) This petition has been filed against the order dated 7.1.2004 dismissing the application of the petitioner filed pursuant to order of the High Court dated 13.11.2003 which challenged the order dated 29.9.2003 of the Magistrate framing charge under Section 498-A IPC.

(2.) It is contended by counsel for the petitioner that as a result of a complaint moved before the Crime Against Women's Cell dated 10.8.1999 an F.I.R. No. 252/2000 was registered at Police Station Vasant Kunj on 19.04.2000. On 19.05.2000 the complainant made another complaint in which she roped in additional people namely, the petitioner, her husband - Dalip Kumar, brother-in-law - Ajit Kumar, two sister-in-laws Ranjana Kumari and Neelam Kumari. The learned Metropolitan Magistrate while framing the charge vide his order dated 29.9.2003 discharged Ajit Kumar, Dalip Kumar, Ranjana Kumari and Neelam Kumari on the ground that the cruelty alleged is quite vague and general in nature. Further that there is no specific instance mentioned by the complainant against them. While in the case of the petitioner the learned Magistrate held that there are specific complaints against the present petitioner in the original complaint as also in the second complaint. Since the reasoning reasoning was incorrect inasmuch as the petitioner was not named in the first complaint, the petitioner moved the High Court by way of Crl.Rev.P.896/2003 where this court by order dated 13.11.2003 granted liberty to the petitioner to move the trial court and place this fact before the trial court for reconsideration. The learned Metropolitan Magistrate on a reconsideration of the application vide his order dated 7.01.2004 dismissed it. The reason given for dismissal is as follows:-

(3.) It is contended by counsel for the petitioner that this reasoning is given contrary to the record inasmuch as the name of the petitioner could not figure in the first complaint for reasons that she along with her husband - Dalip Kumar were abroad in connection with the service of Dalip Kumar as Senior Scientific Officer, Food and Agricultural Organisation of the United Nation who has been posted in various countries, presently, in Bangladesh.