SOHAN SINGH Vs. STATE OF UP

JUDGEMENT

(1.) Challenge in the present revision is the order passed by the Judicial Magistrate, Court No. 2 Agra, dated 9th September, 2010, whereby the revisionists have been summoned to face trial for the offence punishable under sections 498-A IPC and of the 3 AND 4 Dowry Prohibition Act.

(2.) The facts giving rise to the present revision are that Shrimati Rajni presently O.P. no. 2, on 11.3.2010, filed an application under section 156(3) of the Code of Criminal Procedure, 1973, which shall hereinafter be referred to as 'Cr.P.C', with the prayer for the registration of the criminal case against the present revisionists with the facts that she was married with Sohan Singh, present revisionist no. 1 on 14.5.2007. After the marriage, the accused persons, who are the husband, parents-in-law, sister-in-law (Nanad), Brother-in-law (Jeth) extended the dowry demand in terms of one Motorcycle, Colour T.V., Refrigerator, which her parents could not fulfill. On account of non-fulfillment of dowry demand, she was maltreated and assaulted. On 13.8.2008, revisionist no. 5 dropped her to her parental house. Later on, under the assurance of good behavior, and non repetition of any dowry demand, she was taken back to her in-laws house on 13.9.2008. The assurance so extended by the accused did not prove and soon thereafter, the demand of dowry and maltreatment to Rajni Singh continued. Lastly on 9.12.2009, the accused persons after assaulting her, kicked her out of her of their house and also extended threats to her life. Thus the complainant, O.P. no. 2 was forced to live with her parents. She also attempted to lodge the report at the concerned police station but failed. It is also mentioned that Ganesi Lal and Karan Singh are the witnesses of the incident.

(3.) The application filed by the opposite party No. 2 under section 156(3) of Cr.P.C., was treated as a complaint. In pursuance to the order of the court Smt. Rajni examined herself under section 200 Cr.P.C. Later on Ganesi Lal and Karan Singh were examined as witnesses under the provisions of Section 202 Cr.P.C.