LAWS(ALL)-2010-2-66

PREM LATA SONI Vs. STATE OF U P

Decided On February 26, 2010
PREM LATA SONI Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) The revisionist has challenged the order passed on 31.1.2005 by the learned Additional Chief Judicial Magistrate, Court No. 3, Allahabad in case No. 169/2005, State v. Prem Lata Soni, through which, the learned Magistrate had taken cognizance of an offence punishable under Section 498-A, I.P.C.on the basis of a charge sheet submitted before him. It has been alleged from the side of the revisionist that the cognizance was barred by the law of limitation under Section 468 of the Code of Criminal Procedure, 1973 (in short the Code).

(2.) The short facts necessary for the disposal of this revision are that opposite party No. 2 Smt. Saraswati Soni was married to one Ghanshyam Das Soni. Ghanshyam Das Soni is now no more in this world/The revisionist is the sister-in- law (Jethani) of opposite party No.2. On 18.2.2000 opposite party No. 2 lodged an FIR with the police of P.S. Kotwali, Banda. In this FIR opposite party No. 2 has said that her husband Ghanshyam Das Soni (who was alive at that time) and his sister-in-law (Bhabhi) Smt. Prem Lata Soni abused her and after assaulting her turned her out of her residential house. Opposite party No. 2 is having a tummor for which she is being treated at district hospital, Banda. It has also been alleged in the FIR that opposite party No. 2 could not beget a child, therefore, her husband and sister-in-law (revisionist) often treated her with cruelty and regularly tortured her by calling her a 'Baanjh'. In the FIR opposite party No. 2 has also mentioned that whenever she tried to meet her husband and the revisionist, they threatened her and did not permit her to live with them.

(3.) The case was investigated and re-investigated either by the police of Banda or Allahabad and ultimately a charge sheet was filed before the learned Magistrate, only under Section 498-A, I.PC. who took cognizance of the offence on 31.1.2005. as is clear from the copy of the order which has been filed along with the affidavit filed in support of this revision as an Annexure.