DR. KALAWATI SHUKLA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the revisionist, learned counsel for the opposite party no.2 and learned Standing Counsel for the State-respondent.

(2.) This criminal revision has been filed against the order dtd. 13/02/2015 passed by learned Chief Judicial Magistrate, Jaunpur in Criminal Case No.26 of 2014 (Virendra Kumar Yadav Vs. State), under Ss. 419, 420, 504 and 506 I.P.C., Police Station- Kotwali, District- Jaunpur. By the impugned order, the learned Magistrate has taken cognizance for the offence under Ss. 419, 420, 504 and 506 I.P.C. against the revisionist/accused Dr. Kalawati Shukla and has issued summon to her.

(3.) The facts of the case in brief are that the opposite party no.2 filed an application under Sec.156(3) Cr.P.C. alleging therein that the applicant is an educated unemployed youth. His maternal uncle- Raj Bahadur Yadav a milkman was supplying milk at the house of opposite party- Dr. Kalawati Shukla. She said to Raj Bahadur Yadav that if there is any unemployed educated youth in his family then she can employ him as there are vacancies in the Family Health Department and she being Chief Medical Officer Badaun has influence in the department, but for this he has to pay Rs.3.00 lacs. Knowing this fact from Raj Bahadur Yadav, applicant informed his father and uncle who after selling their land on 24.05.2010 and taking some loan arranged Rs.3.00 lacs and the same was paid on 03.06.2010 at 05 p.m. at the house of Dr. Kalawati Shukla in presence of witnesses Ram Chandra, Dev Nath and Raj Bahadur Yadav. He also appeared in the examination held on 12/06/2010 but could not get employment. When he asked about this from Dr. Kalawati Shukla, she threatened him and refused to pay back the money. In the manner, she has cheated the applicant. Learned Magistrate on the aforesaid application directed that the matter be treated as a complaint case and the application was registered as a complaint. The Statement of applicant was recorded under Sec.200 Cr.P.C. Two witnesses were examined under Sec.202 Cr.P.C. Thereafter, the learned Magistrate on 10/09/2013 directed the S.H.O. Kotwali, Janupur to investigate the matter and submit the report. In pursuance of that order an F.I.R. bearing Crime No.1222 of 2013 under Ss. 419, 420, 504, 506 I.P.C. was registered at P.S. Kotwali and matter was investigated by the police. After completion of the investigation a final report was submitted on 17.12.2013. Applicant filed a protest petition against the final report. By the impugned order, learned Magistrate rejected the final report and taking cognizance of the offence has summoned Dr. Kalawati Shukla to face trial for the offence under Ss. 419, 420, 504, 506 I.P.C.