LAWS(P&H)-1990-7-52

CHAMPA RANI Vs. STATE OF PUNJAB

Decided On July 13, 1990
Champa Rani Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) WIFE Kiran Bala filed against her husband Madan Mohan, his parents, two sisters named Sushma and Santosh husband of Santosh named Ashok Kumar and Dhani Ram, father of Ashok Kumar, complainant. Annexure P. 2 on 16th April, 1987, urging criminal breach of trust of her dowry articles and cruelty towards her by the husband and his relations aforesaid under sections 406 and 498-A of the Indian Penal Code.

(2.) LEARNED trial court of Judicial Magistrate, Ist Class Ludhiana, made therein the following order on 25.4.1987 :- Present : Complainant in person.

(3.) THE first and foremost point going to the root of the case is, could the learned trial court vide its order dated 5th April, 1987 (reproduced order registration of a case by the police against the petitioners. Conflicting views in this regard have been expressed by different Hon'ble Judges of this Court at intervals. Initially the matter came to be examined by Hon'ble Mr. Justice K.P.S. Sandhu (as his lordship then was) in Jaggar A Singh v. The State of Haryana, 1984(2) Chandigarh Law Reporter 536.