ABDULSATHAR Vs. JISSA

JUDGEMENT

(1.) The petitioner is the 3rd accused in a prosecution, inter alia, under Sec.498A of the IPC. A complaint has been filed by his daughter-in-law. The 1st accused is the husband of the complainant and the 2nd accused is the wife of the petitioner. The crux of the allegations is that the accused persons have been guilty of wilful matrimonial cruelty of the culpable variety against the complainant. The complaint was forwarded to the learned Magistrate under Sec.156(3) of the Cr.P.C. Investigation was in progress. It is at that stage the petitioner has come to this Court with this petition under Sec.482 of the Cr.P.C.

(2.) The petitioner contends that the allegations against him are absolutely unsustainable. There is no worthwhile allegation raised against him in the complaint and in these circumstances, continuation of the proceedings against him results in failure/miscarriage of justice. It is a transparent abuse of process of the court, it is urged.

(3.) The nature and quality of the jurisdiction that is sought to be invoked has to be borne in mind. I have been taken through the averments in the complaint in detail. I shall not encumber the records with any unnecessary observations which might prejudice the interests of the parties. Suffice it to say that I find absolutely no merit in the contention that the averments in the complaint do not reveal any valid allegation against the petitioner. That submission cannot be accepted if one goes through the averments in the complaint in detail.