SHIV PRASAD PANDEY Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This petition under Art. 226 of the Constitution of India has been filed for issue of a writ, order of direction in the nature of certiorari quashing the order passed by IV Additional Civil Judge, (Junior Division), Basti dated 13-5-2002 in Criminal Case No. 160 of 2001 State v. Shiv Prasad Pandey punishable under Sections 498-A, 306, 504, 323, IPC, P.S. Chhawani District Basti and the order dated 28-6-2002 passed by Sessions Judge, Basti in Criminal Revision No. 269 of 2002 and for quashing the order issuing non bailable warrant against the petitioner in Criminal Case No. 160 of 2001.

(2.) On 25-5-1998 at 4.30 p.m. Smt. Tara Devi opposite party No. 2 lodged a report against the petitioner and two other accused under Sections 498-A, IPC and 3/4 Dowry Prohibition Act with the allegations that she was married with the petitioner according to Hindu rites and her gauna ceremony was performed 5 years ago. Her father had given Rs. 2,500.00 cash, golden ring, golden chain and other things in dowry. The petitioner Shiv Prasad Pandey and his father Ram Munnar Pandey and mother Smt. Rajpati Devi started further demand of dowry and they started treating her with cruelty. Prior to three or four days of lodging of report, she was turned out of her matrimonial home by her husband.

(3.) On the basis of above report, a case at crime No. 89 of 1998 under Section 498A, IPC and 3/4 Dowry Prohibition Act was registered. It further appears that after investigation, the police submitted charge sheet against the petitioner alone under Sections 498A, 323, 504 and 306, IPC.