VIDHYA Vs. KHUSHABI RAM

JUDGEMENT

(1.) IN view of the social evil of dowry playing a prominent part in these proceedings, this revision petition is formally admitted and decided simultaneously.

(2.) THE petitioner is the wife. The respondents are the husband and his parents. Marriage between the parties took place at Rajpura in the State of Punjab. Dowry articles were said to be entrusted to the respondents at Rajpura at or about he time of marriage. The dowry articles were taken away to Rohtak where, within the statutory period, they were required to be handed over to the petitioner and where she set up a home with her husband. For reasons with which we are not presently concerned, they fell apart. The return of her dowry was not made. This constrained her to file a complaint against the respondent under sections 4, 4-B and 6 of the Dowry Prohibition Act, 1961, as amended and under section 406 of the Indian Penal Code. The learned Magistrate at Rajpura, after recording preliminary evidence summoned the respondents the offences under sections 4, 4-B and 6 of the Dowry Prohibition Act. It appears that there was no summoning order under section 406, Indian Penal Code. The respondents took exception to the summoning order and preferred a criminal revision petition before the Court of Session. The Additional Sessions Judge, Patiala, allowed the revision petition upholding their objection to the jurisdiction of the Court. The learned Judge took the view that offences under sections 4, 4-B and 6 of the Dowry Prohibition Act were triable by a criminal Court at Rohtak and not at Rajpura. This has given rise to present petition at the instance of the wife.

(3.) THIS petition is thus allowed. The parties through their counsel are directed to put in appearance before the leaned Magistrate on 18th August, 1986. It is, however, made clear that, as conceded by the learned counsel for the petitioner the parents of the husband would be granted exemption from a appearance during the trial since they are said to be aged persons. Some lawyer appointed on their behalf shall put in appearance before the Court, leaving it to the Court to have their presence at an appropriate time. Petition allowed.