KAMALA CHUGANI Vs. DHANWANTI

JUDGEMENT

(1.) By this petition the petitioners have challenged the legality of the order passed on 24th September, 1982, by a Metropolitan Magistrate, summoning seven accused for an offence under section 500 of the Indian Penal Code. The complainant in the said case is the respondent before me. The learned Magistrate had summoned seven accused for the said offence but only five of them, namely, Smt. Kamala Chugani, Shri G.K. Chugani, Shri D.M. Vaswani, Mrs. Shiela Chaman and Major B. Chaman, have preferred the present petition. While admitting this petition Anand J. stayed the proceedings in the trial Court.

(2.) The impugned order has not been annexed by the petitioners alongwith the petition. However, the record of the complaint case filed by the respondent was summoned. The impugned order is at pages 13-14 of that record. That order reads as follows: 24.9.82. Present: Complainant in person. I have perused the complaint. Statement of the complainant and P.W. Pitamber. After perusal of the statement of the complainant, it came to my notice that the complainant has submitted before the Court that she is the legally wedded wife of accused D. M. Vaswani. Vaswani along with the other accused persons i.e., Smt. Kamla Chugani, Mr. GuI Chugani, Smt. Sheela Chaman, Mr. Baldev Chaman, Mr. Girish Kakkar and Ram Saran Kakkar had alleged so many times that she is not the legally wedded wife of D.M. Vaswani. the has also deposed before the Court that due to this fact that her prestige and esteem has been lowered in the eyes of the relations, neighbours and friends. P. W. Pitamber has corroborated the testimony of the complainant and had deposed that after hearing the allegations of the accused persons that the complainant is not the legally wedded wife of D. M. Vaswani, the respect of the complainant has been lowered in his eyes. After perusal of the evidence on record, I am of the opinion that by the imputation made by the accused persons mentioned in the complaint esteem of the complainant has been lowered and a prima facie case is made against the accused persons. the accused persons summoned for an offence punishable under section 500 I.P.C. on filing of the process fee. Case adjourned for app. of the accused persons on 14.9.82. Sd!- MM.

(3.) To the extent it was considered necessary by him, the learned Magistrate has given some reasons for summoning the accused although it was not mandatory.