PRABHU SAHU Vs. STATE OF M P

JUDGEMENT

(1.) The petitioner has filed this petition under section 482 CrPC against the order dated 12.5.2010 passed by the revisional Court in Criminal Revision No.41/2010 and the order dated 5.1.2010 passed by the Judicial Magistrate First Class Gwalior in Criminal Case No.826/2010, whereby the learned Magistrate has taken cognizance against the petitioner for commission of offence under section 500 of IPC.

(2.) The respondent No.2 Maniram filed a private complaint against the petitioner and other persons for registration of complaint against them for commission of offence under section 3(l)(viii) and (ix) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and sections 500 and 209 of IPC. The respondent No.2 pleaded in the complaint that the husband of the petitioner had lodged a false FIR against the respondent No.2 and other persons to the effect that they had abducted the daughter of the petitioner. On the basis of the aforesaid FIR, an offence under sections 363 and 366 of IPC has been registered against the respondent No.2 and his wife at Crime No.556/2005. It is pleaded by the respondent No.2 that daughter of petitioner herself made a statement before the Court that she had married with the son of the respondent No.2 on 30.11.2005 at Jaipur and thereafter she had been living with him as his wife. From their wedlock a daughter was born. She further deposed that since the marriage was against the wishes of her father and mother, hence, they had lodged a report in regard to her abduction at Police Station Janakganj and on the basis of said report, an offence was registered. On the basis of the aforesaid evidence and facts of the case, the trial Judge had taken cognizance against the petitioner and other persons for commission of offence under section 500 of IPC. Against the aforesaid order, a criminal revision was filed and that revision was also dismissed.

(3.) This Court in the case of Ramlal Sahu v. State of M.P. [M.Cr.C. No.3044/2011) vide order dated 10.12.2011 has quashed the proceedings against Ramlal Sahu. This Court has given the following reasons in passing the aforesaid order: