NISHA KUSHWAHA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Ronak Chaturvedi, learned counsel for the applicant and Sri Pankaj Saxena, learned A.G.A. for the State.

(2.) The present application has been filed to partly set aside the order rejecting the protest petition dtd. 23/11/2024 passed by Judicial Magistrate/Civil Judge (J.D.), FTC, (CAW), Jhansi in Case No. 25936 of 2024 (Misc. Case No. 839 of 2024) (State Vs. Gaurav and others) arising out of Case Crime No. 5 of 2024 u/s 498-A, 354, 323, 504, 506 I.P.C. and 3/4 of Dowry Prohibition Act, Police Station- Mahila Thana, District-Jhansi, by which application for taking cognizance u/s 406, 376/511 I.P.C. has been rejected.

(3.) The issue involved in this case is that an F.I.R. was lodged by the applicant against opposite party no. 2 and other co-accused persons on 16/1/2024 u/s 498-A, 354, 323, 504, 506 I.P.C. and 3/4 of Dowry Prohibition Act. The police, after investigation, has submitted a charge-sheet against opposite party no. 2 u/s 498-A, 354, 323, 504, 506 I.P.C. and 3/4 of Dowry Prohibition Act while the charge-sheet was filed against other co-accused, Gaurav and Smt. Meera u/s 498-A, 323, 504 1.P.C. and 3/4 of Dowry Prohibition Act. The present applicant, who is the first informant, had filed a protest petition with the plea that in her statement, she made a specific allegation of an attempt to rape and non-returning of her streedhan by the opposite party no. 2, therefore, cognizance might also be taken u/s 376/511 and 406 I.P.C. This application was rejected by the learned Magistrate by the impugned order, which is under challenge.