HARBHAJAN SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This revision under S. 397 read with S. 401 of the Code of Criminal Procedure is directed against the Orders dated 21-7-2000 passed by the CJM, Damoh and 29-12-2000 passed by the learned Judicial Magistrate First Class, Damoh (who presided on that day in absence of the CJM) in Criminal Case No. 1355/2000.

(2.) The facts of this case disclose that applicant married Smt. Amarjeet Kaur on 14-9-97 according to the rites and customs prevalent in Sikh community. According to facts stated in the memo of revision the applicant and his wife Smt. Amarjeet Kaur lived alongwith the parents of the applicant at Narsinghpur till 27-9-98. Thereafter she lived with the applicant in a separate house situate at Anand Nagar Colony, Narsinghpur. Subsequently she became pregnant and she went to her matrimonial home at Damoh on 3-4-99. On 25-7-99 a male child was born to her. It appears according to memo of revision that after the birth of child the relations between the applicant and his wife became sour and she lodged a report in police station, Kotwali, Damoh with a copy to the District Collector, Damoh, Inspector General of Police, Damoh and Mahila Utpidan Crime Branch, Bhopal. However, the police did not take any action.

(3.) Thereafter Smt. Amarjeet Kaur filed a complaint before CJM, Damoh under S. 200 of Code of Criminal Procedure alleging commission of offences under S. 498-A of IPC and S. 3/4 of Dowry Prohibition Act by the applicant and his other relations including his father and mother. The Chief Judicial Magistrate recorded the statement of Amarjeet Kaur under S. 200 of the Code of Criminal Procedure. It is alleged that after recording the statement of Amarjeet Kaur, the learned Chief Judicial Magistrate on 21-7-2000 directed the Station House Officer, Police Station, Kotwali, Damoh to register the offences under S. 498-A, IPC and S.3/4 of Dowry Prohibition Act and further directed that the report be submitted by the police by 30th of July, 2000. Pursuant to that report, the police filed the charge-sheet under S. 498-A of IPC and also under S. 3/4 of Dowry Prohibition Act. It was stated in the charge-sheet that the applicant is a nabsconder. The chargesheet was filed in the Court of CJM, Damoh but as he was absent the Judicial Magistrate 1st Class Damoh who presided over the Court passed the order dated 29-12-2000 for taking action under S. 299 of the Code of Criminal Procedure against the applicant. The applicant is aggrieved by both these orders, hence this revision.