NAWAL SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) This writ petition under Article 226 of Constitution of India has arisen from judgment and order dated 10.8.2004 passed by Sri A.K. Mathur, Additional Sessions Judge, Court no.1, Mathura in Criminal Revision no. 356 of 2004, whereby it has dismissed aforesaid revision and affirmed order dated 27.8.2003, passed by Civil Judge (J.D.)/Judicial Magistrate, Chhata, District Mathura, whereby he took cognizance of the offence under Section 182 IPC, after receiving charge -sheet and summoned the accused.

(2.) Brief facts giving rise to present writ petition are as follows:

(3.) On an application being moved by complainant Parsadi Lal, under Section 155(2) Cr.P.C., praying for investigation of a non -cognizable offence (under Section 182 IPC), Judicial Magistrate, Chhata, District Mathura, directed police for investigation into the matter. Application under Section 155(2) Cr.P.C., inter alia, stated that on 28.5.2000, petitioner Nawal Singh presented a false application before Station officer Kosi Kala containing allegations that his relative Parshadi had got his daughter Bhaddo married two years back with Tara Chand but the girl fled away with another boy just after 1 1/2 months after the marriage. Petitioner had further stated falsely that on 21.5.2000, Tota Ram, girl's uncle and Rajendra killed the girl Bhaddo, for defaming their family. Two witnesses namely, Fattey and Ram Kishan were quoted to have seen the girl being taken away by Totaram.