VIJAI KUMAR SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) By this petition Vijay Kumar Sharma and six others have challenged the jurisdiction of Mahila Prakoshtha, Police Station Colonelganj, Allahabad to investigate the offence in crime No. 638 of 1990 under Sections 498-A, 364 and 506 Indian Penal Code and Section 3/4 Dowry Prohibition Act. It has also been prayed that the said first information report be quashed and the petitioners be not arrested in the said crime.

(2.) It appears that Smt. Savita Mishra who had been married to Vijay Kumar Sharma resident of 100, New Ganesh Ganj, Lucknow lodged a first information report at police station George Town, Allahabad alleging that after her marriage she had gone to Lucknow Father of the informant had given sufficient gifts and items in marriage but the accused mentioned in the first information report, after a few days of the marriage, started teasing her for bringing insufficient dowry. It was also mentioned that they used to beat her and insisted that she get Rs. 1,00,000/-, golden kangans and a motor cycle from her father otherwise she was to be killed. It was further mentioned that as her husband had illegitimate relations with some girl he wanted to remove her from his way with the object of marrying another woman for a second time. It was further mentioned that on 7-3-1990 all the persons named in the First Information Report had beaten her and had thereafter conspired to kill her. As soon as she got the hint of the conspiracy she somehow managed to escape from Lucknow with her child and came back to Allahabad and was residing at Allahabad since then. However when she went to Lucknow on 22-3-1990 she was again beaten and was threatened to be killed if she did not go back. Although she lodged a report at the police station, no heed was paid to it. The first information report further mentioned that on 15-9-1990 her one year old son Mikku had crawled out of her house; she searched her son but could not trace him. It was reported that the petitioner Vijay Kumar Sharma and her in-laws were seen in Allahabad on 14-9-1990. She apprehended that her son had been kidnapped by the petitioner and his family members and that they may kill her son.

(3.) On the basis of the said first information report the case was registered and the matter was being investigated.