SHAHNAZ FIRDAUS Vs. STATE OF MP

JUDGEMENT

(1.) PETITIONER has filed this writ petition feeling aggrieved by action of the respondents, particularly respondent No.5 - Station House Officer, Police Station Gohalpur, in not investigating and conducting inquiry into Crime No.754/2013 registered on the complaint filed by the petitioner.

(2.) IT is stated that petitioner got married to respondent No.6 as per Muslim Rites on 4.1.2006. Respondent Nos. 7 and 8 are parents of respondent No.6. On account of cruelty, demand of dowry and stridhan, it is stated that petitioner had filed a complaint - Annexure P/1 under section 156(3) of the Code of Criminal Procedure. On account of the fact that proper inquiry into the matter has not been done, this writ petition has been filed.

(3.) ON notices being issued, respondent Nos. 1 to 5 have filed return and they point out that petitioner filed a private complaint under section 156(3) CrPC before the Judicial Magistrate First Class, Jabalpur, but the same was rejected by the Judicial Magistrate First Class on account of the fact that a criminal case against respondent Nos. 6 to 8 has already been registered in Crime No.42/2009 for offences under sections 498 -A, 506, 406 read with section 34 of the Indian Penal Code and under sections 3/4of the Dowry Prohibition Act. It is further stated that against rejection of the complaint by the Judicial Magistrate, petitioner preferred revision before the 4th Additional District Judge, Jabalpur and the same having been accepted, the matter has been remanded back by the 4th Additional District Judge for taking fresh action. Accordingly, directions were issued to the concerned Magistrate and inquiry and investigation has been done for offence in Crime No.754/2013. It is further stated that for the same set of circumstances a criminal case bearing Crime No.42/2009 has already been registered against respondent Nos. 6 to 8 and, therefore, an application filed after investigation in Crime No.754/2013 to submit a 'kharij' report and after obtaining permission of the Chief Judicial Magistrate, the 'kharij' report has been filed vide Annexure R/2 on 25.6.2014.