MITHLESH KUMARI Vs. STATE OF UP

JUDGEMENT

(1.) smt. Sanju Kumari opposite party No.2 wife of Madan Mohan revisionist No.2 lodged a report under Sections 498A, 323 and 506 I.P.C. at police station Liamadpur, Agra on 2.5.1990. On the basis of this report Crime No. 508 of 1993 was registered against all the six revisionists. The Investigating Officer enquired into the matter Affidavits were filed before him by Smt. Sanju Kumari, her father and witnesses contrary to the allegations made in the F.I.R. The Investigating Officer then submitted a final report.

(2.) Notice was issued by the court to the first informant Smt. Sanju Kumari. She appeared and filed an affidavit corroborating the allegations made in the F.I.R. Her father also filed affidavit corroborating the allegations made in the F.I.R. upon which the VIIth AddI. Chief Judicial Magistrate, Agra took cognizance of the case and summoned the revisionists vide order dated 2.5.1994 under Sections 498A, 323 and 506 I.P.C. He did not accept the final report. Aggrieved by it the accused have come to this Court in revision. I have heard the learned counsel for the parties and have parused the record.

(3.) From the order passed it does not appear that any protest petition was filed. In all probability it appears that such protest petition would have been filed and in support thereof the two affidavits were filed. From the order it is clear that while taking cognizance of the case and rejecting the final report the VIIth AddI. Chief Judicial Magistrate, Agra relied upon the affidavits of the witnesses filed before him. He did not rely upon the material which formed part of the case diary. The Magistrate has, however, not indicated as to under which provision of the Criminal Procedure Code the cognizance has been taken.