NEERAJA SINGH Vs. PRASHANT SINGH & OTHERS

JUDGEMENT

(1.) The applicant has filed this revision under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 being aggrieved by the order dated 06/10/2017 passed in Criminal Appeal No.34/2017 passed by 4th Additional Sessions Judge, Katni whereby affirming the order dated 23/1/2017 passed in Criminal Case No.2500/2013 by the Court of JMFC, Katni thereby dismissing the application filed by the applicant.

(2.) The facts given rise to this petition in short are that the applicant is the legally wedded wife of respondent No.1. Respondent No.2 is brother-in-law, respondent No.3 is sister-in-law (Jaithani) and respondent No.4 is mother-in-law of the applicant. After marriage all the respondents harassed her with regard to not fulfilling the demand of dowry. The applicant filed an application under Section 12 of Protection of Woman from Domestic Violance Act, 2005 (hereinafter referred to as 'the Violance Act, 2005'). During pendency of that application, the applicant filed an interim application along with Compact Disk in which voice of respondents and their relatives were recorded. the Court of JMFC after hearing both the parties vide order dated 23/1/2017 dismissed the said application. Being aggrieved by that order, the applicant filed an appeal under Section 29 of the Violance Act, 2005 which was registered as Criminal Appeal No.34/2017. The appellate Court vide order dated 6/10/2017 has dismissed the said appeal and affirmed the order passed by the Court of JMFC.

(3.) Being aggrieved by both the orders i.e. order dated 23/1/2017 passed by the Court of JMFC and order dated 6/10/2017 passed by the appellate Court whereby both the Courts below dismissed the application as well as appeal for taking the Compact Disk on record, the applicant has filed this criminal revision on the ground that both the Courts below have committed a patent illegality by not considering the submissions of the applicant. The Compact Disk is a vital evidence in which voice of harassment of the applicant by the respondents and thier relatives is recorded. In view of this, the applicant prays to set aside both the orders by allowing the application for taking the CD on record.