(1.) HEARD Sri K.S. Tiwari, learned counsel for revisionists and learned A.G.A. for the State.
(2.) THE revisionists assail the correctness/ propriety of order dated 12.05.2006 passed by Additional Chief Judicial Magistrate, Court No.1, Varanasi in Complaint Case no. 589 of 2006 (Akhtari Begum vs. Ameer Ali and another) summoning the revisionists under Sections 452, 323, 504 and 506 (ii) IPC.
(3.) O .P. No.2 is the wife of the second son of revisionist no.1 Ameer Ali, i.e., Ameer Ali is the father of Rahmat Ali. It appears that father son duo had certain disputes over business, as a result of which, Ameer Ali publicly disinherited his son Rahmat Ali on 21.12.2005 from his property. Rahmat Ali forcibly attempted on 22.12.2005 to occupy the house of revisionist no.1/Ameer Ali, the father. Regarding the said occurrence, a report was attempted to be lodged on 17.01.2006 by revisionists before the police station concerned, but on account of non -registration of the same, an application under Section 156(3) Cr.P.C. was filed on 20.01.2006, in which the learned Magistrate on 01.02.2006, directed the Police Station concerned to register and investigate. Subsequently, revisionist filed a civil suit on 20.01.2006 for permanent injunction against his son/husband of O.P. No.2 in which on 05.05.2006, an order of status quo came to be passed. The daughter in law of the revisionist no.1, i.e. Akhtari Begum/O.P. No.2 preferred an application on 27.01.2006 under Section 156(3) Cr.P.C., under Sections 498 -A, 452, 323, 504, 506 IPC r/w Section 3/4 D.P. Act alleging demand for dowry and of inflicting physical/mental torture against the revisionists on 27.01.2006. The learned Magistrate treated the same as a criminal complaint and recorded the statement of complainant Akhtari Begum on 06.09.2006, that of Abdul Majeed, her father, under Section 202 Cr.P.C. The learned Magistrate, after taking cognizance of aforesaid statements and other materials summoned the present revisionists for offences under Sections 452, 323, 504, 506 (ii) IPC, which is impugned in the instant revision.