MALKHAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) PRIVATE respondent No. 2 filed a complaint under Sections 406 and 498A of the Indian Penal Code on January 15, 1988, against the petitioners. She was married with Malkhan Singh petitioner No. 1 on May 8, 1970. Petitioner No. 2 is Malkhan Singh's father, petitioners Nos. 3 and 4 are his brothers, petitioner No. 5 is his mother and petitioner No. 6 is wife of Jangi Ram petitioner No. 3.

(2.) THE parents and other relations of Suit. Krishna Devi gave her dowry and presents mentioned in the list annexed with the complaint. The aforesaid dowry articles were entrusted to the above named accused. The relations between Smt. Krishna Devi and her husband became estranged. On an application made by the wife, maintenance allowance at the rate of Rs. 100/- per mensem to the wife and Rs. 50/- per mensem to a minor daughter was fixed by order Annexure P-3 dated July 30, 1981. The allowances are being paid since 11.11.1975. Husband's petition under section 9 of the Hindu Marriage Act, 1955, filed on August 19, 1982, was dismissed on January 27, 1983. Husband's petition under section 13 was dismissed on January 31, 1984. FAO against the said dismissal was dismissed by a Division Bench of this Court on July 19, 1984.

(3.) SHRI Akash Jain, learned counsel for private respondent No. 2, raised a preliminary objection that one of the petitioners had filed a revision against the summoning order which was dismissed by the learned Additional Sessions Judge by his order dated April 7, 1989. That being so, the present petition could not be filed by merely describing the same as a petition under section 482 of the Code of Criminal Procedure instead of a second revision. Mr. Jain relied on Rajan Kumar Manchanda v. State of Karnataka, 1988(2) Recent CR 662 (S.C.) and Charanjit Singh v. Gursharan Kaur, 1990(1) Recent CR 584 : 1990 Cri. L.J. 1264 (D.B.).