RANI ZAHIR AHMED Vs. STATE OF HARYANA

JUDGEMENT

(1.) Vide this petition, petitioners seek quashing of the order dated 20/11/2002 (Annexure P-I) passed by Judicial Magistrate 1st Class, Faridabad whereby the petitioners have been summoned to face trial along with other accused on the application moved by prosecution under Section 319 of the Code of Criminal Procedure, and also the order dated 7-1-2005 (Annexure P-2) passed by Additional Sessions Judge, Faridabad vide which the revision filed by the petitioners has been dismissed.

(2.) The allegations as mentioned in the complaint filed by respondent No.2 are that she was married to Bholi Sah. At the time of - marriage, sufficient dowry articles were given by the parents of the complainant. However, her husband and in laws were not happy with the dowry articles and she was being harassed and tortured by her husband and other relatives. On the basis of aforesaid complaint, FIR No. 46, dated 6-3-1999 under Sections 406, 498-A, IPC was registered at Police Station Chhainsa. During investigation, petitioners Rani, sister of Bholi Shah, Mullah Latif alias Abdul Latif, father-in-law of Rani, Reshma, wife of younger brother of Bholi Shah, Lalu alias Lalu Shah, elder brother of Bholi Shah and Sham Lal, father of Bholi Shah were not challaned by the police and the challan was only filed against Rehmi, mother-in-law, Anil, brother-in-law and Bholi Shah, husband of the complainant.

(3.) After framing of charge, the evidence of the complainant was recorded and she made statement with regard to involvement of the present petitioners. The Judicial Magistrate Ist Class summoned the petitioners on the ground that reasonable prospects appear for their conviction. The petitioners filed revision against the order of the Judicial Magistrate. It was pleaded that petitioners have no role to play in the commission of the offence for which summoning order has been issued against them. The learned Magistrate passed the impugned order in a mechanical manner. The complainant has roped in all the family members of her husband. The learned Magistrate did not appreciate the fact that during investigation, the police after thorough inquiry, had found the petitioners innocent. The Court of Additional Sessions Judge, Faridabad dismissed the revision filed by the petitioners holding that revisionists could not point out any grave illegality which calls for interference in the impugned order.