SATISH SHARMA Vs. STATE & ORS

JUDGEMENT

(1.) Amit Sharma, son of the petitioner, was married to Pooja Kaushik on 01.02.2013. The marriage having run into rough weather, Pooja Kaushik statedly left the matrimonial home on 11.01.2014. She eventually lodged first information report (FIR) no. 125/2014 dated 03.04.2013, with police station Pul Prahlad Pur, alleging offences punishable under Sections 498A/406/354/34 of Indian Penal Code, 1860 (IPC), against the members of the matrimonial family, including the petitioner and his son Amit Sharma. In the wake of the said FIR, the petitioner had moved the Court of Sessions for anticipatory bail, his application having come up for consideration on 15.05.2014. He was granted protection against arrest, the matter having been adjourned to 04.06.2014, with some directions about recovery and return of stridhan articles.

(2.) It is alleged that pursuant to the said order on 15.05.2014 the second to fourth respondents herein, accompanied by the complainant of the said case, visited the house of the petitioner at about 5.00 p.m., at Flat no. 405, Charmwood Village, Surajkund, Faridabad and made certain seizures adopting a procedure which was wholly illegal and in violation of the directions of the additional sessions judge in order dated 15.05.2014; certain properties having been taken away without formal proceedings being drawn, seizures being made not as per law or after verification, the same having been made over to the complainant of the FIR no. 125/2014.

(3.) Alleging that such action as above constituted offences punishable under Sections 166, 167, 403, 409, 467, 468 and 34 IPC, a criminal complaint was presented on 28.04.2016 before the Chief Metropolitan Magistrate South-East District, seeking summoning and prosecution of the second to fourth respondents (shown in the array as first to third accused) in addition to the said Pooja Kaushik and her father Rambir Kaushik (shown in the array as fourth and fifth accused).