LAWS(MPH)-2013-9-322

SWAPAN BANERJEE Vs. STATE OF M P

Decided On September 11, 2013
Swapan Banerjee Appellant
V/S
STATE OF M P Respondents

JUDGEMENT

(1.) This revision petition has been preferred by the applicants under Section 397 and 401 of Criminal Procedure Code, 1973, here-in- after in short "the Code" against the impugned order February 11, 2013 passed by learned Judicial Magistrate, First Class, Jabalpur in Criminal Case No.15352/2012 by which learned Magistrate framed charges against the applicants punishable under Section 498- A read with Section 34 of IPC and Section 3 of Dowry Prohibition Act, 1961.

(2.) Facts briefly stated are as under: Three accused persons namely Jaideep Banerjee, his mother Smt. Shubhara Banerjee and father Swapan Banerjee were prosecuted under Section 498-A read with Section 34 of IPC and Section 3 of Dowry Prohibition Act. Complainant was married to accused applicant No.3 Jaideep Banerjee. Applicant No.2 Smt. Shubhara Banerjee and applicant No.1 Swapan Banerjee are her mother- in- law and father- in- law respectively. She lodged an report on 29.11.2012 alleging that she was subjected to cruelty and harassment by the applicants to fulfill demand of dowry. On basis of this report offence was registered, statement of complainant, her parents and of one Pawan Kumar were recorded under Section 161 of Code and after completion of investigation, challan were filed.

(3.) Learned trial Magistrate after taking into consideration the challan papers framed charges against the applicants as mentioned hereinabove, which is denied by the applicants. Against this order, the instant revision petition has been filed.