VIJAY KUMAR Vs. STATE OF DELHI

JUDGEMENT

(1.) This criminal revision petition under Sections 397/401 of the Code of Criminal Procedure is against order dated 1.9.1997 passed by Shri R.K. Yadav, Additional Sessions Judge, Karkardooma, Delhi.

(2.) By the impugned order, the learned Judge formed an opinion that a prima facie case to frame a charge for an offence punishable under Section 329 of the Indian Penal Code was made out against Vijay Kumar, the revisionist and thereafter framed charge against him on that very day. The charge reads as follows:

(3.) On perusal of the records it transpires that Smt. Manju Khullar, the complainant was married to revisionist accused. She had some strained relations with her husband and in-laws and was thus staying separate since April, 1981. The relevant complaint was made to the DCP(Dowry Cell) on 21.3.1989, that is to say, almost eight years after the complainant left/made to leave the company of her husband. In the complaint two grievances were made. The first related to dowry articles and the second related to an incident on 11.2.1981. The averments relating to the incident are as follows: