MANIBEN MANOJKUMAR RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PETITIONER has prayed to quash and set aside the judgemnt and order dated 31st January 2007 passed by learned Sessions Judge, Gandhidham-Kutch in Criminal Revision Application NO. 49 OF 2004.

(2.) THE petitioner had married to respondent no. 1 on 14th February 1999. After marriage she was residing at Kandla with her husband, mother in law and father in law i. e. respondent nos. 2 and 4. According to the petitioner the respondent nos. 2 to 4 were causing physical and mental torture to the petitioner on trivial issues. Because of the physical torture the petitioner filed criminal complaint before learned Judicial Magistrate, First class, Gandhidham-Ktuch under section 498-A, 406, 114, 323, 504, 506 (2) and 114 of IPC read with section 3 and 4 of the Dowry Prohibition Act which was registered as Criminal Case No. 1401 of 2004. Learned Magistrate issued proceeds on 17th June 2004.

(3.) THE respondent nos. 2 to 6 filed Criminal Revision Application No. 49 of 2004 before learned Sessions Judge, Gandhidham-Kutch under section 397 of the Code of Criminal Procedure against the issuance of process. The learned Sessions Judge by order dated 31st January 2007 allowed the said revision application against which the present petition has been filed.