LAKHPATI PRASAD Vs. RAJNI GUPTA

JUDGEMENT

(1.) ARGUMENTS heard. This is a petition, under Section 482 of the Code of Criminal Procedure (for short 'the Code'). The petitioners are aggrieved by the order-dated 19.4.2011 passed by ITIrd ASJ, Sidhi in Cri. Revision No.31/08, affirming the order-dated 3.1.2008 passed by CJM, Sidhi in Cri. Case No.470/07, whereby particulars of the offence under Section 498 of the IPC were explained to them for the purpose of recording their plea.

(2.) IN that case, cognizance of the offence was taken against the petitioners only upon respondent's complaint, that also contained allegations as to offences punishable under Sections 496 and 498 of the IPC against his wife Shashi Gupta.

(3.) IN such a situation, the order-dated 3.1.2008 (supra), explaining the particulars of the offence and the order-dated 6.4.2008 are hereby set aside and the CJM is directed to frame charge of the offence under Section 498 of the IPC against each one of the petitioners and to afford them an opportunity to further cross-examine the respondent and his witnesses with reference to their statements recorded at the pre-charge stage and to proceed with the trial in accordance with the procedure prescribed for a warrant case.