SANGEETA SHARMA Vs. STATE OF M P

JUDGEMENT

(1.) THIS revision has been preferred by the petitioner/complainant Dr. Smt. Sangeeta Sharma, impugning the order dated 27th September, 1995 passed by additional Chief Judicial Magistrate, Gwalior on F. R. filed by Mahila Police gwalior in Crime No. 6/94 registered against respondent No. 2 Umendra mohan Sharma on the FIR lodged by the applicant (upon perusal of the original order, the date of the order is not clear, it may be 21st September or 27th september, 1995, but as agreed to by both the parties, the aforementioned date has been accepted ).

(2.) THE facts in brief as agreed to by both the parties are that the petitioner, who is the wife of respondent No. 2, has lodged one written FIR against her husband, respondent No. 2, on which the aforementioned crime was registered for the offence punishable under Section 498-A, IPC and Section 3/4 of the Dowry Prohibition Act, 1961. After the investigation, F. R. No. 1 of 14th january, 1995 was submitted by the Investigating Officer before the learned magistrate with the following report:-On the report itself and not on a separate order-sheet, the following impugned order has been passed by the learned Magistrate by hand :- ,

(3.) DURING arguments, Shri Pateria, learned Counsel for the petitioner has assailed the impugned order on the ground that the petitioner, who is the complainant in the case was not heard before accepting the F. R. which was mandatory for the learned Magistrate. In support he has drawn attention at the judgment of the Apex Court in the case of Bhagwant Singh Vs. Commissioner of police and another, reported in AIR 1995 SC 1285. Although nothing has been mentioned in the Revision Petition, yet Shri Pateria, Advocate on behalf of the petitioner has disputed the correctness of the affidavit and the order-sheet of the Court as referred in the order.