FAISAL QURESHI & ORS Vs. STATE & ORS

JUDGEMENT

(1.) Crl.M.A. 14041/2016

(2.) Vide order dated 8th September, 2015, learned Metropolitan Magistrate discharged Aqeefa and Sayama for both the offences i.e. under Sections 498A and 406 IPC and directed that charge for offence punishable under Section 498A be framed against Faisal Qureshi, Mohd. Yasin and Sayara Begum whereas charge for offence punishable under Section 406 IPC was made out only against Faisal Qureshi, the husband thus discharged Mohd. Yasin and Sayara Begum for offence punishable under Section 406 IPC.

(3.) The order dated 8th September, 2015 passed by the Metropolitan Magistrate was challenged by Fozia Qureshi, the complainant before learned Additional Sessions Judge in a revision petition who vide order dated 18th February, 2016 held that there was no infirmity in the order dated 8th September, 2015 discharging Mohd. Yasin, Sayara Begum, Aqeefa and Sayama for offence punishable under Section 406 IPC but prima facie charge for offence punishable under Section 498A IPC was also made out against Aqeefa and Sayama and thus revision was partly allowed and the learned Trial Court was directed to frame charge under Section 498A IPC against Aqeefa and Sayama as well. Hence the present petition by the petitioners Faisal Qureshi, Mohd. Yasin, Sayara Begum, Aqeefa and Sayama challenging the two orders dated 8th September, 2015 passed by learned Metropolitan Magistrate and 18th February, 2016 passed by learned Additional Sessions Judge besides seeking quashing of FIR.