ATAULLA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Humanyoon Mirza, Advocate, holding brief for Sri Shafiq Mirza, learned counsel for the petitioners and learned A.G.A for the State and perused the record.

(2.) This criminal revision under Section 397 / 401 of the Cr.P.C. has been moved against the judgment and order dated 17.06.2003 passed by the Judicial Magistrate First, Sitapur in Case Crime No.99 of 2003, Police Station- Pisawa, District- Sitapur, whereby a direction has been given to the local police for further investigation of the case.

(3.) The facts as borne out from the revision petition are that an application dated 19.03.2003 was submitted by one Sri Asgar Ali father of prosecutrix stating therein that about 18 months ago father of revisionist no.1 settled the marriage of revisionist no.1 with his daughter. After the settlement of the marriage, the prosecutrix started visiting the house of revisionist no.1 and revisionist no.1 also used to visit the house of Asgar Ali. It is alleged that revisionist no.1 made physical relation with the prosecutrix and made her pregnant and now the revisionist are denying to marry his daughter and are demanding a gold chain and a motor-cycle in dowry. The aforesaid application was stated to be moved only against four accused persons, namely, Ataulla @ Guddu, Sanaulla, Mehalka and Rukubuddin. It has been further stated in the petition that on 20.03.2003 prosecutrix moved a similar application and on the basis of this, local police started investigation. However, within a month of the aforesaid applications, an application under Section 156(3) of the Cr.P.C. was moved by prosecutrix to the Magistrate and certain other persons were also implicated as accused persons. A report was called by the Magistrate from the local police pertaining to the application moved under Section 156(3) of the Cr.P.C. and it was reported that matter is under investigation and thereafter a final report was submitted by the police.