ABDUL SAMAD Vs. STATE OF U P

JUDGEMENT

(1.) Supplementary affidavit filed on behalf of the applicant be kept on record.

(2.) By means of the instant application, the applicant has invoked inherent jurisdiction of this Court under Section 482 Cr.P.C. with a prayer to quash the order dated 7.4.2011 passed by the learned Chief Judicial Magistrate Bulandshahar in Misc. Application No. 245 of 2011 whereby the application moved by the applicant under Section 156(3) Cr.P.C. was rejected.

(3.) In a nutshell, the prosecution story is that the applicant who is the complainant filed an application under Section 156(3) Cr.P.C. before the Court of Chief Judicial Magistrate Bulandshahar on 25.2.2011 with the accusation that his daughter Rehana was married with Yusuf resident of Aurangabad Police Station Bhawanapur District Meerut on 17.5.2011 according to the Muslim Custom and Rites. At the time of marriage, sufficient dowry in cash and kind was given by the applicant. The in-laws of the daughter of the applicant were harassing and torturing for fetching more dowry. The victim went on bearing the brunt of husband and in laws and was subjected to thrashing and forcing her to fulfil their demand of dowry. The respectable persons of both sides intervened on various occasions and made their best possible efforts to harmonise their differences. On 4.1.2011, the victim was thrashed with kick and fist by her husband and in-laws and was ousted from the matrimonial house. The victim was again taken back by the husband and the in-laws on the intervention of some dignified persons of the locality. On 18.2.2011 the husband and the family members of in-laws again thrashed her with kick and fist, even the husband Yusuf strangulated the victim by tethering her throat with the intention of putting end to her life. On the intervention of village folk, the victim was saved. On the same day at about 9.00 a.m., the victim was taken at Dhameda Police Station Kotwali Nagar District Bulandshahar in a vehicle by Yusuf, Shakir (father in law) and Anus (Devar) where she was again thrashed with iron rod (Sariya) and Danda. The said incident was witnessed by Harun son of Idris and Hasrat son of Hamid and other people of the village. On account of their intervention, the victim was saved from their clutches. While disappearing from the scene of occurrence, the husband and the family members of the in-laws again threatened the victim to fetch Rs. 1.00 Lac or Car otherwise her life will be ended. The said incident was informed to the applicant by Harun who had seen the inhuman and brutal act of the husband and the family members of the in-laws. On getting the information, the applicant reached at the place of occurrence and took the victim for medical examination at Government Hospital Bulandshahar. Subsequent thereto, the applicant alongwith victim went at the police station Kotwali Nagar to lodge the first information report but no report was lodged at the police station Kotwali Nagar. The copy of the same was sent to the Senior Superintendent of Police Bulandshahar yet no action was taken. In these circumstances, the applicant filed the application under Section 156(3) Cr.P.C. before the Chief Judicial Magistrate Bulandshahar with a prayer to direct the police station Kotwali to register and investigate the matter.