LAWS(MPH)-1959-4-18

DHAPU Vs. PURI LAL

Decided On April 04, 1959
DHAPU Appellant
V/S
PURI LAL Respondents

JUDGEMENT

(1.) THIS is a petition under Section 56ia of the Code of Criminal Procedure praying that proceedings under Section 552 of that Code pending before the District magistrate Shajapur be quashed.

(2.) NON-PETITIONER No. 1 Puranlal made an application to the District Magistrate on 29th January, 19. 57 complaining thai his daughter Dhapubai (who was impleaded as non-peti-tioner No. 1 in that application) was unlawfully detained for unlawful purpose by non-petitioners 2 and 3 who are respectively her husband and fatherin-law. The unlawful detention alleged was that non-petitioner No. 1 had come to petitioner No. 3, who attempted to take undue liberties with her on several occasions. On 26-1-1957 when the petitioner had been out and Dhapubai was alone in his house, non-petitioners 2 and 3 aided by 5 or 6 men, came to the house armed with weapons and look her away forcibly and were detaining her. The unlawful purpose alleged was that non-petitioner No. 3 had indention to commit illicit intercourse with Dhapubai.

(3.) THIS petition was supported by an affidavit which was almost an identical copy of the petition. On the receipt of that petition the District Magistrate immediately issued a search warrant and fixed 4-2-1957 for further proceedings.