MOHD USMAN RAO Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) By means of this petition moved under section 482 of Code of Criminal Procedure, 1973 (for short Cr.P.C) the petitioner has challenged the summoning order dated 27.09.2006, passed by Judicial Magistrate, Roorkee, in criminal complaint case no. 117 of 2006, Gulshan Ara vs. Mohd. Usman Rao, relating to offence punishable under section 406 I.P.C.

(2.) Heard learned counsel for the parties and perused the papers on record.

(3.) Brief facts of the case are that petitioner Mohd. Usman Rao got married to respondent no. 3 Gulshan Ara on 02.05.2004, within limits of Tehsil, Roorkee. After their marriage their relations soured. Respondent no. 3 filed a criminal complaint against the petitioner and his relatives, alleging that she was subjected to cruelty for non fulfilment of demand of dowry. It is also alleged by her in the criminal complaint that her `STRIDHAN' which included the articles mentioned in the criminal complaint were not returned to her, and misappropriated by the petitioner and his relatives. The trial court after recording statement of the complainant under section 200 Cr.P.C, and that of the witnesses Smt. Zarina and Yameen under section 202 Cr.P.C, summoned the accused (present petitioner) to face the trial in respect of offence punishable under section 406 I.P.C. Aggrieved by said order dated 27.09.2006, this petition is filed.