AKLESH KUMAR JAIN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This matter had been before this Court earlier when an order of remand was made directing the Munsif Magistrate, Ghaziabad to reconsider the matter in the light of guidelines and observations of this Court in the order of 5 August, 1987 by which two petitions under S.482 of the Criminal Procedure Code, 1973, were deckled. The learned Magistrate, it may be set on record, did not follow the order of remand and evaded the direction of the High Court. The urgency of the situation thus warrants that this Court may now look into the matter and consider it on merits.

(2.) Aklesh Kumar Jain is the husband. He is married to Chitra Jain. They have twins, who are not three years of age as yet. Aklesh Kumar Jain, the applicant in the present petition, holds a Nehru Fellowship for advanced studies in Geology, at the Cambridge University, England. He had already begun this pursuit in the field of Geology at Darwin College, Cambridge. He contends that the terms of the Fellowship require that his travel expenses to and from England will be borne by the Jawaharlal Nehru Memorial Trust which has arranged for the Fellowship. The expenses for his wife are not paid by the Fellowship. The applicant had to return to India for some field work. He could not go back to Cambridge University as he had medical problems. He condends that his kidneys were malfunctioning. His wife had stayed behind in England. He asked her to return to India. She did not. He was back in England on 1st September, 1986. The relations between them were beginning to get strained. They returned to India with the twins on 6 November, 1986.

(3.) On the day they arrived i.e. 6-11-1986 a first information report was instituted by the petitioner's father-in-law, Kampta Prasad Jain, not by the petitioner's wife. An allegation was made under S.498A of the Penal Code. The allegation in the first information report, in effect, suggests a demand for dowry and harassment to the petitioner's wife Chitra Jain.