HARBANS LAL Vs. RAMA RANI

JUDGEMENT

(1.) THIS is a petition under section 482 of the Criminal Procedure seeking quashment of the order of the learned Additional Sessions Judge, Ludhiana, dated 4-1-1991 whereby he directed the Chief Judicial Magistrate, Ludhiana to hold further enquiry against the petitioners, in the complaint filed by the respondent, either himself or through a competent Judicial Magistrate.

(2.) THE facts of the case, are that the respondent had filed a complaint under sections 406 and 408-A read with section 34 of the Indian Penal Code for punishing the petitioners, who are father-in-law and mother-in-law respectively of the respondent, and Ashwani Kumar, her husband, for maltreating her and for the return of the articles of dowry given by her parents in her marriage with Ashwani Kumar. The learned Judicial Magistrate 1st Class, Ludhiana, issued process under the aforesaid provisions of the Indian Penal Code against Ashwani Kumar but no such process was issued against the present petitioners, which, by implication, meant that the learned, Magistrate had refused to issue any process against them " (petitioners) Against the later part of the order of the learned Judicial Magistrate 1st Class, the respondent preferred a revision petition in the Court of the Sessions Judge. Ludhiana which eventually came up for disposal before the learned Additional Sessions Judge, Ludhiana who allowed the revision petition holding that there were sufficient grounds to proceed against the petitioners and remanded the case to the Chief Judicial Magistrate Ludhiana, with the direction that he should hold further enquiry into the matter in accordance with law, either himself or through a competent tent Judicial Magistrate.

(3.) THE Court of learned Judicial Magistrate 1st Class, Ludhiana, recorded the statements of five witnesses produced by the respondent, who supported her version. Despite this, the learned Court issued process only against Ashwani Kumar and did not issue any process against the petitioners nor was the complaint dismissed against them.