JAGESHWAR Vs. A N SAINI

JUDGEMENT

(1.) B. L. Loomba, J. In this petition under Sec. 482 of the Code of Criminal Procedure the petitioners seek to have quashed the order dated 21-1-1986 passed by Judicial Magistrate II, Rae Baieli, whereunder processes were issued under Section 406 I. P. C. against petitioners Jageshwar and Suresh and under Section 506 I. P. C. against petitioners Jageshwar, Ramesh and Suresh.

(2.) ATMA Nand Saini opposite No. 1 had filed a complaint in the court of Chief Judicial Magistrate, Rae Bareli on 19-11-1985 against the present petitioners and five others under Sections 420/406 and 5u6 I. P. C. Bariefly stated the allegations were that marriage of petitioner's son Ravi Shanker was performed with Urmila daughter of Jageshwar on 23-4-1985 and ornaments and clothes worth about Rs. 10,000 were given by the complainant to the bride at the time of marriage according to social customs and that these ornaments and clothes were carried by her to her father's place and when the complainant requested that the bride to be sent to the complainant's house there was no response for bidai of the bride. On 27-7-85 complainant's son Rama Shanker and his brother-in-law Shiv Prasad went to the house of Jageshwar for bidai of the bride but the accused refused to send the girl. On 16-11-1985 the opposite parties are said to have come to the house of the complainant and about 6 p. m. they abused the complainant and other members of the family of the complaintant and held out threat of life to them saying that if they come for the bidai of the girl again they shall not be spared. On these facts it was alleged that the opposite parties are guilty of having committed criminal breach of trust in respect of the jewellery and clothes punishable under Section 406, I. P. C. and that they also committed criminal intimidation punishable under Section 506 I. P. C.

(3.) FOR the reasons as above, this petition is allowed and the order of the learned Judicial Magistrate II, Rae Bareli, dated 21-1-1986 is quashed in so far as the proceedings against the accused, petitioners under Section 406 I. P. C. are concerned. Appeal allowed. .