SIHAQ Vs. STATE OF U P

JUDGEMENT

(1.) This petition under Section 482 Cr.P.C. has been filed with the prayer that the impugned summoning order dated 8.2.2010, passed by the learned Chief Judicial Magistrate, Barabanki, in Complaint Case No. 4409 of 2009, Afsana v. Ishaq and Others, contained as Annexure 1 to the petition, may be quashed.

(2.) The brief facts, giving rise to this petition, are that the opposite party No. 2, Afsana filed a Complaint Case against Ishaq and 6 others in the Court of Chief Judicial Magistrate, Barabanki with the allegations that her marriage was performed with Ishaq on 2.5.2007 and her father had given dowry in the marriage as per his capacity. After the marriage, the accused started demanding motor-cycle. They used to subject her to cruelty in various ways on account of non-fulfillment of said demand of dowry. On account of beating, she sustained injuries in her uterus and she used to remain ill, but, they did not provide proper treatment to her. Her father, Sri Yunus, carried her from her in-laws house to his house on 11.7.2008 and got her treated and since then, she is residing at her parents house. On 12.5.2009, at about 11.00 a.m., the accused/opposite parties Nos. 1 to 6 came to her parents house and hurled abuses and asked to provide motor-cycle immediately and send her with them, otherwise, she would be divorced. On it, her father requested to provide sometime, but, they got annoyed and started damaging the house-hold goods in the house. They assaulted the complainant and her father by fists and kicks. They gave threats that if the motor-cycle is not provided within two days, they would be killed. The said incident was seen by Shobhna Suman and Zareena. Her father went to lodge F.I.R. at Police Station Fatehpur, but, his report was not written. Thereafter, an application was given to the Superintendent of Police, Barabanki on 13.5.2009, but, no action was taken.

(3.) The complainant, Afsana examined herself under Section 200 Cr.P.C. and examined Shobhna Suman, P.W. 1 and Shafikun, P.W. 2, in support of her case, under Section 202 Cr.P.C. The learned Chief Judicial Magistrate, after considering the allegations made in the complaint and the evidence produced by the complainant, was of the view that a, prima facie, case has been made out and, consequently, he has ordered to summon the accused under Section 498-A I.P.C., vide order dated 8.2.2010. Feeling aggrieved by the said order, the petitioners/ accused have filed this petition.