HARBANS LAL KHETRAPAL Vs. BALBIR SINGH

JUDGEMENT

(1.) By this petition, the petitioners Harbans Lal, Kapil Khetrapal and Mrs. Suniti, (son and wife respectively of the first petitioner) are challenging the order dated August 7, 1984 passsed by Shri S.K. Kaushik, Metropolitan Magistrate, New Delhi, whereby the petitioners were summoned for an offence under Sections 3 and 6 of the Dowry Prohibition Act and also under Sections 384 and 406 Indian Penal Code read with Section 120-B of the Code.

(2.) That order is a short one, it may be quoted

(3.) It appears that on coming to know that bailable warrants had been issued against them, petitioners appeared before the court on their own. Thereafter, the present petition was filed. Vide order of 18th December, 1984 Justice Malik Sharief-ud-din stayed the proceedings in the trial court. The minutes of proceedings show that in this court the petitioners vide application dated November 16, 1984 sought permission to file a number of documents in support of their plea that even prima-facie no case was made out against them. Those documents have been annexed as Annexure J to Q-1. I may notice that in this petition, further plea is that no ground, whatsoever, was made out for proceeding. In the view which I am taking I do not think that it is advisable for this court at this stage to discuss this case on merits. On the petitioner's own showing a number of documents have to be brought on the record. I may notice at this stage that learned counsel for the petitioners, Mr. K.K. Sud during arguments stated that even if those documents are not kept in view, there is no case made out against the petitioners on reading of the complaint.