INDRAWATI Vs. UNION OF INDIA UOI

JUDGEMENT

(1.) Smt. Indrawati is the mother-in-law, Vimal Prasad is the father-in-law, Yogendra Kumar is the husband respectively, of Smt. Rita who died of burn injuries on 18-7-1987. Rikhab Sen Jain father of Smt. Rita lodged an FIR at Police Station Kotwali district Muzaffarnagar registered at Crime No. 376/87, under Section 306/498-A IPC and 3/4 Dowry Prohibition Act alleging that the petitioners treated Smt. Rita with extreme cruelty as further dowry demands could not be met by him whereupon Smt. Rita has been burn by the petitioners. After investigation, the police submitted a chargesheet and the petitioners have been committed to the Court of Sessions. Consequently, Sessions Trial No. 48 of 1988, is pending in the Court of Additional Sessions Judge, Muzaffarnagar and charges under Section 304-B IPC/498-A IPC and 3/4 Dowry Prohibition Act have been framed against the petitioners on 7-9-1988. This writ petition was got reported on 31-3-1990 in this Court and has been filed on 9-5-1990. After hearing the learned Counsel for the petitioners at considerable length, we dismissed the writ petition by our order dated 11-5-1990 and the reasons for our decision are stated hereunder:-

(2.) The petitioners' learned Counsel argued that since this writ petition has been filed under Articles 226/227 and 228 of the Constitution of India with the prayer that-

(3.) As regards the points and the decisions relied upon by the learned Counsel for the petitioner, they may how be mentioned here one by one.