MAMTA KANOJIA ALIAS PINKI Vs. DEVESH KUMAR KANOJIA

JUDGEMENT

(1.) S. K. Jain, J. This application under Section 482, Cr. P. C. has been made to stay the effect and operation of order dated 18. 1. 2008 passed by Chief Metropolitan Magistrate, Kanpur Nagar in Misc. Case No. 711 of 2007 in Case Crime No. 487 of 2007 under Sections 323, 504,506,498-A, IPC and Section 3/4 Dowry Prohibition Act, Police Station Chakeri, District Kanpur Nagar and also to stay further proceedings of the aforesaid case.

(2.) THE facts to this case are that applicant lodged an FIR on 13. 6. 2007 at Police Station Chakeri, which was registered as Case Crime No. 487 of 2007 under Sections 323,504,506,498-A, IPC and Section 3/4 Dowry Prohibition Act. THE Investigating Officer during investigation recorded the statement of applicant, her mother, father and brother under Section 161, Cr. P. C. , but the police submit ted the final report in favour of respondent No. 1. THE applicant filed protest peti tion on 17. 9. 2007 before the Chief Metropolitan Magistrate, Kanpur Nagar and the learned Chief Metropolitan Magistrate rejected the final report submitted by the police and registered the protest petition as a complaint case.

(3.) LEARNED Counsel for the applicant has cited the case of Sanjay Bansal and another v. Jawaharial Vats, 2007 (59) ACC1050, in which a similar view was taken by the Hon'ble Apex Court.