ABDUL SATTAR Vs. STATE OF U P

JUDGEMENT

(1.) S. S. Kulshrestha, J. Heard the learned counsel for the applicants and the learned A. G. A. and also perused the materials on record.

(2.) THIS petition under Article 226 of the Constitution has been brought for quashing the orders dated 30- 1-2002 passed by the learned Judicial Magistrate, Saharanpur whereby treating the application under Section 156 (3) of the Code of Criminal Procedure (the Code) as complaint case and after recording the statements of the witnesses under Section 200-202 taking cognizance of the offences under Sections 498-A, 323, 504 IPC and 3/4 Dowry Prohibition Act and issuing process against the persons arraigned as accused in that application. Further the order dated 17-6-2003 passed by the learned Magistrate whereby rejecting the application moved on behalf of the accused applicants for recalling of that order and the order dated 3-7-2003 passed by the learned Sessions Judge whereby affirming the aforesaid orders of the learned Magistrate are challenged in this petition.