ONKAR NATH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ONKAR Nath and others have come to this Court in this petition under Section 482 Cr.P.C. for quashing of the charge framed under Sections 498-A and 406 IPC vide charge sheet Annexure P-3. The petitioners are being tried on the allegations that on May 23, 1986, Yashpal petitioner was married to Usha Rani and subsequent thereto she was maltreated by Yashpal and his other relations the present petitioners. It has been alleged that after the solemnisation of the marriage, the complainant Usha Rani was subjected to maltreatment and the petitioners had committed criminal breach of trust towards her articles of dowry. Thus, according to the complaint, there is no allegation with respect to commission of any offence on May 23, 1986. However, in the charge-sheet, the date of commission of the offence has been described as May 23, 1986.

(2.) LEARNED counsel for the petitioners urges that in view of the provisions of Section 212 Cr.P.C. the charge must contain particulars as to the time and place of the alleged offence which are reasonably sufficient to give the accused notice of the matter with which he is charged. Section 212 Cr.P.C. reads as follows :-

(3.) I accept the arguments raised by the learned counsel for the petitioners and after accepting the petition quash the charge Annexure P-3.