YASHWANT SINGH Vs. STATE OF M P

JUDGEMENT

(1.) INVOKING extraordinary jurisdiction of this Court conferred under section 482 of Criminal Procedure Code, petitioners have assailed the order dated 15-12-2009, passed by the Special Judge and Additional Sessions Judge, Datia (M.P.) in Criminal Revision No. 52/2008, confirming the order dated 1-5-2007, passed by the Judicial Magistrate First Class, Bhander, District Datia in Criminal Case No. 152/2007, by which cognizance has been taken against the petitioners under section 498-A of Indian Penal Code on a complaint filed by the respondent No. 1.

(2.) FACTS in nutshell giving rise to this petition are that respondent No. 1 Smt. Sita Singh filed a complaint against the petitioners under sections 498-A, 323, 294 and 506-B of Indian Penal Code, alleging that she was married to petitioner No. 1 about three and a half years back. Her father had given sofa, almirah, cooler, T.V., refrigerator, ornaments, clothes etc. valuing about at Rs.1.5 lacs. In the marriage, petitioners demanded a motor cycle which her father could not give. After some time, petitioners started harassing her with respect to demand of motor-cycle. She was also beaten and sustained injuries. Thereafter, she lodged a report at police station Bhander on 17-8-2007. After examination of the complainant and her witnesses, learned trial Court has taken cognizance against the petitioners under section 498-A of Indian Penal Code. Order of the learned trial Court was challenged by the petitioners by preferring a Criminal Revision before the Revisional Court and the same has confirmed by the Revisional Court, giving rise to this petition.

(3.) FURTHER, learned senior counsel for the petitioners placed reliance in the case of Adalat Prasad vs. Rooplal Jindal and others, 2004 SCC (Cri) 1927, wherein the Hon'ble Apex Court in paragraph 15 has held as under :-