LAWS(DLH)-1986-1-17

INDER RAJ MALIK Vs. SUNITA MALIK

Decided On January 30, 1986
INDER RAJ MALIK Appellant
V/S
SUNITA MALIK Respondents

JUDGEMENT

(1.) By way of this judgment, two petitions and two criminal misc. applications are being decided. One petition registered as Criminal Misc. (Main) 979185 was filed by Inder Raj Malik and three others against an order of Shri R. K. Jain, Metropolitan Magistrate, New Delhi. That order was passed on a complaint of Smt. Suntia Malik (hereinafter referred to as the complainant). Vide the aforesaid order, the learned magistrate directed the summoning of the petitioners (hereinafter referred to as the accused) in respect of commisssion of an offence punishable under section 49 8A Indian Penal Code and also summoning accused No. 1 and 2 in respect of commission of an offence punishable under section 406 Indian Penal Code . The other petition being Criminal Misc. (Main) 1222185 was filed by the complainant. Her grievance is that all the accused should have been summoned in respect of commission of the offences punishable under sections 406 and 327 read with section 109 IPC in addition to summoning under section 498A Indian Penal Code . Therefore, she prays that all the accused should be directed to be G summoned accordingly.

(2.) Criminal Misc. Nos. 2155 and 2230 of 1985 are connected with Criminal Misc. (Main) 979 of 1985. The judgment is being written in the file of Criminal Misc. (Main) 979185.

(3.) The complainant and Inder Raj Malik, accused No. 1, were married on 8th February 1981. Accused No. 2 is the mother and accused Nos. 3 and 4 are the brothers of Inder Raj Malik, accused No. 1.