LAWS(ALL)-1996-1-92

ABDUL MAJID Vs. SESSIONS JUDGE HARDWAR

Decided On January 09, 1996
ABDUL MAJID Appellant
V/S
SESSIONS JUDGE HARDWAR Respondents

JUDGEMENT

(1.) S. N. Saxena, J. Heard the learned counsel and also perused the evidence on record.

(2.) THE petitioners have been summoned to face trial under Sec tion 498-A of the Code of Criminal Procedure, 1973 (Act II of 1974) on the basis of the complaint filed by Smt. Sabra against her husband Abdul Majid and four others vide Annexure 1 to the petition, which is a copy of the com plaint. Annexures 2 to 4 are the statements of the witnesses recorded by the learned Magistrate before summoning the petitioners. I have gone through the statements and find that the learned Magistrate righly arrived at the conclusion that a prima facie case was made out for summoning the petitioners to face the trial. THE said statements are uncrossed statements on oath and at this stage I find no good reasons to hold that they are not worth reliance for the purpose of summoning the petitioners. Finally, that truthfulness of the statements of the aforesaid witnesses shall be decided during trial after they are put to the test of the cross-examination, but on the basis of conjectures and surmises, these cannot be discarded at the stage.

(3.) IN view of the above, the writ petition is dismissed summarily at the stage of admission with the direction to the trial Magistrate to decide the question of jurisdiction and also the prayer, if any, made under sub section (2) of Section 245, Crpc. Petition dismissed, .