DAUD MOHAMAD AGA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE State has instituted prosecution in Criminal Case No. 79/93/c on the file of Judicial Magistrate, F. C. , Panaji, against the petitioners at the instance of one Mrs. Farhad Jahan. On the basis of the complaint and on examination of some witnesses, the learned Magistrate has framed charge against the petitioners under Section 498a read with Sections 34 and 100 of Indian Penal Code.

(2.) THE accused in the Criminal Case challenging the order dated 13-1-1994 of the learned Magistrate who framed the charge against them came up with this Revision Application.

(3.) THE peculiar facts in this case are that Mrs. Farhad Jahan who is the de facto complainant is the wife of the eighth accused. The accused No. 3 is the husband of Zabina who is the sister of the de facto complainant and accused No. 2 is the sister-in-law. All the remaining accused are in-laws of the de facto complainant. The de facto complainant had filed a complaint before the Panaji town Police on 22-10-1992 based on which police launched prosecution against the petitioners. As I already stated, the learned Magistrate after considering the complaint and also certain statements of the witnesses which were recorded by the police, has prima facie concluded that the aforesaid offence have been disclosed against the petitioners and thereupon framed charge against them.