SHYAM RAJ Vs. STATE OF U P

JUDGEMENT

(1.) VINOD Prasad, J. Heard learned Counsel for the applicant and learned A. G. A.

(2.) AN application under Section 156 (3) Cr. P. C. was filed by applicant Shyam Raj, father of the victim Kismata in respect of an incident alleged to have taken place on 2-6-2006. It was mentioned in the application that the daughter of the applicant namely Kismata was married to Mewa Lal according to Hindu customs and rights. Three years later, her Gavana took place. After Gavana when Kismata went to her in-laws house she was tortured due to lust of dowry and her husband Mewa Lal demanded Rs. 50,000/- from the applicant Shyam Raj. Applicant showed his inability to pay the aforesaid amount. Because of non-fulfillment of the aforesaid demand, the daughter of the applicant was again tortured. Three months prior to the date of the incident, son-in- law of the applicant Mewa Lal came to applicant and repeated his of demanded Rs. 50,000/- in the presence of many villagers. The matter however was pacified and the applicant sent Kismata to her in-laws house on 2-6-2006 along with his elder brother-in- law Gajraj and his son. On the same night 2-6-2006 at 8 p. m. , Kismata reached back the house of Shyam Raj in half nacked condition. She informed the applicant that she was tortured and assaulted because of non-fulfilment of dowry by her in-laws and even an effort was made to burn her to death by pouring kerosene oil on her. She also informed the applicant that she was abused filthy. Kismata was got medically examined by the applicant Shyam Raj. On 5-6-2006 applicant Shyam Raj along with the injury report of his daughter endeavoured to get the FIR registered at the police station but in vain. On 7-6- 2007 he also filed a written application to S. P. Basti but he failed in his endeavour to get his F. I. R. registered.

(3.) HEARD learned Counsel for the applicant as well as learned A. G. A.