PREM SINGH Vs. STATE & ORS

JUDGEMENT

(1.) The present petition has been filed under Section 482 of the Code of Criminal Procedure (hereinafter shall be referred as Cr.P.C.) for setting aside the order dated 16.12.2013 passed by the learned Additional Sessions Judge, Saket Court, New Delhi vide which the respondent no.2-Manjeet and respondent no.3-Mishro Devi have been discharged in a revision petition.

(2.) Facts, in brief, are that the marriage of respondent no.2- Manjeet and Rekha, daughter of the petitioner/complainant was solemnized on 17.02.2002. Rekha died in unnatural circumstances on 02.10.2003. On the basis of complaint made by the petitioner, FIR No.474/2003 under Sections 304B/498A/34 IPC was registered against the respondent nos.2 & 3 and two other coaccused, namely, Sharda @ Babu and Poonam. Respondent nos.2 and 3 were convicted after conclusion of trial in the said case. In the meanwhile the petitioner-herein filed a complaint under Section 200 Cr.P.C. for commission of offence under Section 406 IPC. The said complaint was resulted into an FIR No.869/2006 under Section 406/34 IPC, Police Station Mehrauli. Vide order dated 29.01.2013, the learned Metropolitan Magistrate ordered to frame charge against the respondent nos.2 and 3 under Section 406/34 IPC.

(3.) Against the framing of charge, the respondents/accused persons, namely, Manjeet and Smt.Mishro Devi filed a revision petition which was allowed by the Court below vide order dated 16.12.2013 and discharged them for the offence under Section 406/34 IPC. Feeling aggrieved by the order dated 16.12.2013, the present petition has been filed by the petitioner/complainant.