RAM SARAN VARSHNEY Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Mr. Kunwar Mridul rakesh, learned Senior Advocate assisted by Mr. Naved M. Ali, learned counsel for the petitioner and Mr. R. P. Shukla, learned additional Government Advocate as well as mr. R. P. Mishra, learned counsel for opposite party No. 2.

(2.) THE petitioner has challenged the charge sheet No. 203/2008 dated 7th of may, 2008, whereby the petitioner has been charged under Sections 498-A, 506 IPC and 3/4 Dowry Prohibition Act, Police Station hazratganj, district Lucknow as well as the order dated 12-5-2008, passed by the Chief judicial Magistrate in Case No. 3935 of 2008, arising out of Case Crime No. 326 of 2002, under Section 498-A/506 IPC and 3/ 4 Dowry Prohibition Act, Police Station hazratganj, district Lucknow.

(3.) ON coming to know about the registration of a case against him, the petitioner approached this court through writ petition no. 2600 (MB) of 2002. This court by means of order dated 15th of May, 2002, passed an interim order to the effect that till further orders of this court the arrest of the petitioners in case crime No. 326 of 2002, under Section 498-A/506 IPC and 3/4 dowry Prohibition Act of P. S. Hazratganj, lucknow shall remain stayed. At the behest of the father of the opposite party No. 2, the senior Superintendent of Police, Lucknow entrusted the case for investigation to Shri pankaj Gautam, Circle Officer, Hazratganj. Further it was transferred to S. H. O. , hazratganj by means of order dated 7th of january, 2003, issued by the Senior superintendent of Police, Lucknow. After investigation the police submitted final report dated 27th of April, 2003 as no offence was found to have been committed by the petitioner. However, the Superintendent of Police, City east, Lucknow again ordered for further investigation by some Senior Sub-Inspector of a different Police Station and the investigation was entrusted to Shri Badan Singh, who found that investigation done by the earlier investigating Officer was correct and submitted the final report dated 10th of July, 2003. Against which the opposite party No. 2 filed a protest application before the learned Chief Judicial Magistrate, who by means of order dated 6th of September, 2006 issued direction to the S. H. O. , Police station Hazratganj to conduct the further investigation in the matter. Being aggrieved with which the petitioner filed a revision and vide order dated 7-11-2006, the learned sessions Judge was pleased to stay the operation of the order dated 6-9-2006, but ultimately the revision was dismissed by means of order dated 1-3-2008.