MOHAMMAD HUSSAIN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard Sri S. Pratap Singh, learned counsel for the revisionist, learned AGA and have gone through the record.

(2.) Instant revision has been preferred against the order dated 4-11-2003 passed by 1st Additional Chief Judicial Magistrate, Basti, in Criminal Case No. 2596 of 2003, State v. Lal Mohammad and others, police station Dudhara, district Sant Kabir Nagar, under Sections 498-A, 323, 504, 506 I.P.C. and Sections 3/4 Dowry Prohibition Act by which the application of the revisionists has been rejected.

(3.) A perusal of the record shows that one Smt. Nazbu Nisha wife of Lal Mohammad, revisionist No. 2, moved an application against him and four other under Section 156 (3) Cr. P.C. in the Court of 1st Additional Chief Judicial Magistrate, Basti, containing the fact that the demand for motorcycle being not satisfied she was beaten in October 1999 and was turned out by the revisionists from their house. The application was allowed and investigation was made and a charge-sheet under Sections 498-A, 323, 504, 506 I.P.C. and Sections 3/4 Dowry Prohibition Act was submitted against the revisionist and two others. The revisionists were summoned and a date for charge was fixed. The accused revisionists did not appear in person before the Court and they moved application through their learned counsel for discharge. By impugned order the learned Additional Chief Judicial Magistrate, Basti, held that the charge-sheet was submitted after making investigation and collecting evidence, therefore, the application was rejected, hence this revision has been preferred.