GULSHAN KUMAR KHURANA Vs. KAMLESH KUMARI

JUDGEMENT

(1.) The petitioner, after obtaining a decree of divorce, had filed a complaint under Sections 499 and 500 IPC against his wife Kamlesh Kumari, on the ground that written statement filed in the petition for custody of child was defamatory and had lowered his reputation. On the complaint, so filed, the Court of Additional Chief Judicial Magistrate, Hisar, had summoned the wife/respondent to stand trial. She had filed an application for discharge but the same was dismissed. Thereafter, a notice of accusation dated 9.8.2001 (Annexure P4) was served upon the accused/respondent.

(2.) Aggrieved against the notice of accusation (Annexure P4) served upon her, the respondent filed a revision petition. The revision petition was accepted by the Court of Additional Sessions Judge, Hisar, vide its impugned judgment dated 2.9.2002 and the notice of accusation (Annexure P4) was set aside.

(3.) In the present revision petition, challenge is to the order dated 2.9.2002, passed by the Court of Additional Sessions Judge, Hisar, wherein the revision petition, preferred by the respondent, was accepted.