PREETI AGRAWAL Vs. STATE OF U P

JUDGEMENT

(1.) I have heard Sri Ajay Rajendra, learned Counsel for the revisionists, learned A.G.A. for Respondent No. 1 and Sri Afshan Shafaut, learned Counsel for Respondent No. 2 on this revision and perused the record.

(2.) This revision has been filed against summoning order dated 10.4.2006, passed by Judicial Magistrate, Hasanpur, district J.P. Nagar in Complaint Case No. 973 of 2004, Rajeev Kumar v. Smt. Preeti Agrawal, under Sections 494, 497 and 506, I.P.C. The Respondent No. 2/complainant Rajeev Kumar filed a Complaint Case No. 973/IX of 2004 against Smt. Preeti Agrawal, Rakesh Kumar, Vinay Bansal, Smt. Usha Bansal and Mangal Sen Gupta with this allegation that accused No. 1 Smt. Preeti Agrawal was married with complainant Rajeev Kumar on 11.3.1996, according to Hindu rites and Customs, but the accused Nos. 3, 4 and 5 got Smt. Preeti Agrawal again married with accused No. 2, Rakesh Kumar without obtaining decree of divorce. Accused Preeti Agrawal and accused No. 2 Rakesh Kumar started to live in adultery as husband and wife. The complainant made a complaint before accused No. 3 Vijay Bansal with regard to this fact, at which he became aggressive. On 3.10.2004 at about 4 p.m. at Bus Stand, Hasanpur these accused persons threatened to kill the complainant, in respect of which complainant sent a report to Deputy Superintendent of Police, Hasanpur and S.H.O. Kotwali (Sadar) as well as S.O. Partapur.

(3.) The police did not take any action on the report and then the complainant lodged a complaint in the court below, which recorded the statement of complainant under Section 200 and statement of Shahid Hasan under Section 202, Code of Criminal Procedure and found prima facie offences under Sections 494, 497 and 506, I.P.C. made out against accused persons and thus the court below summoned the accused persons to face trial in the said case vide order dated 16.10.2004.