JAGDEEP KUMAR Vs. STATE OF UTTARANCHAL & ANOTHER

JUDGEMENT

(1.) BY way of this petition, the prayer has been made to set aside the order of cognizance dated 28.11.2005 passed by C.J.M., Dehradun in criminal case No. 2387 of 2005, State v. Jagdeep Kumar and two others. The said case was registered on the basis of the submission of chargesheet in crime No. 239 of 2005 for the offence of Sections 498 -A, 506, 406 and 120 -B IPC r/w Section 3/4 of Dowry Prohibition Act, pertaining to P.S. Dalanwala.

(2.) IT is pertinent to mention here that there is no representation on behalf of the respondent No. 2 though service has been effected upon her personally. Heard learned counsel for the petitioner as well as learned brief holder for the State and perused the material available in file.

(3.) THE statement recorded by the I.O., pursuant to the lodging of the FIR by her, shows that Smt. Meera continued to live in the house of her husband, notwithstanding the fact of pending the divorce petition instituted by her husband against her and whenever the process might have reached for service upon opposite party No. 2, the same was managed by her husband, showing as has been served, taking the benefit of the close vicinity of both houses, and she was not permitted even to acquaint herself regarding the reaching of the service and pending of the divorce petition. With the result, she continued to live in his house even six months after of the ex parte decree of divorce on dated 7.12.2004. After procuring the decree, as stated above, on 24.5.2005, the accused persons abused Smt. Meera demanding Rs.1.00 lacs, expelling her from the house and they also informed regarding the factum of ex parte divorce.