RENU Vs. STATE OF U P AND ANOTHER

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for opposite party no.2 as well as learned AGA.

(2.) This petition has been filed for quashing the summoning order dated 19.5.2010.

(3.) The facts in brief are that opposite party no.2 married with the petitioner in Arya Samaj Mandir, Aliganj, Lucknow on 7.4.2006. In the complaint, it is alleged that after expiry of four years on 17.1.2010, when opposite party no.2 was in the office, in his absence, father of the petitioner, namely, Basant Lal Kanaujia and brothers of the petitioner, namely, Prakash and Rohit came to his house and took away suitcase, in which ornaments of his mother and Rs.20,000/- cash were kept, along with the wife, the present petitioner. It is further stated that when opposite party no.2 returned from the office, he found the house locked and when he contacted the petitioner on phone, father of the petitioner replied that the petitioner is going with him along with suitcase as there is family function and she will come back as and when the family function is over. It is stated that after 15-20 days, opposite party no.2 went to his in-laws' place to take the suitcase containing ornaments and Rs.20,000/- then the father and the brothers of the petitioner denied to return the same. On these allegations complaint was filed. Statements under Sections 200 and 202 Cr.P.C were recorded. Learned Magistrate thereafter proceeded to summon the petitioner under Section 406 & 506 IPC.