MANFOOL SHARMA Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) CHALLENGE by way of this application moved under section 482 CrPC is to the cognizance order dated 24.11.2003 as well as the order dated 30.6.2004 passed by the Special Judicial Magistrate, Haridwar in Criminal Case No. 900/2003 titled as Smt. Indu Sharma v. Manfool Sharma & six others.

(2.) HAVING heard the learned Counsel of either parties, it appears that Smt. Indu Sharma resident of city Haridwar was wedded with Shri Rajendra Prasad Sharma, Advocate based at Dehradun city and used to reside along with his parents and other family members who are arraigned as the accused persons in the criminal complaint case no. 900/2003. This marriage was solemnized on 27.11.1996. It also appears that the matrimonial relations could not last long between the two and Shri Rajendra Prasad Sharma filed a petition under section 9 of the Hindu Marriage Act on dated 15.3.2001 for restitution of conjugal rights against his wife Smt. Indu Sharma. Before the said petition could have been adjudicated by the competent court, Shri Rajendra Prasad Sharma unfortunately left this mortal world on 3.1.2003. So, this way petition became redundant.

(3.) FINDING no other way, she moved a complaint under Section 406 CrPC on dated 31.3.2003 in the Magistrate court at Haridwar whereupon the statement of under Section 200 CrPC of the complainant and statement under section 202 CrPC of two independent witnesses Ashok Kumar and Nathu Ram were recorded. After recording the said statement, Magistrate took the cognizance and passed the impugned order dated 24.11.2003.