GAYATRI MEENA Vs. OM PRAKASH MEENA

JUDGEMENT

(1.) This application under Section 378 (4) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code' for short) has been filed by the applicant/complainant being aggrieved by judgment dated 22.01.2005 delivered in R.T. No.118 -A/2005, by learned J.M.F.C., Bhopal acquitting the respondents from the offence punishable under Section 406 of IPC.

(2.) To appreciate the say of the applicant, I would like to say that basic case that was placed before the trial Court in nutshell is that the applicant got married with respondent no.1 in the year 1990 and her parent has given Rs.35,000/ - in cash to accused persons along with other household articles to the tune of Rs.3,95,420/ -. After two years of marriage the accused persons started harassing the application on account of demand of dowry. They also committed Marpeet and lastly thrown the applicant from her matrimonial house. On 05.11.1996 a notice was issued to the applicant through her Advocate to the respondents for return of cash and other articles, however, the respondents did not return the same. A complaint case under Section 200 of Cr.P.C. was registered against the accused and adopting due procedure for registration of criminal complaint case proceeded and complaint case was registered against the accused , accused has been charge -sheeted.

(3.) The accused abjured the guilt; therefore, they were put to trial.