JIWNI Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS petition has been filed under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') for quashing the complaint (Annexure P. I), First Information Report (Annexure P. 2), report filed under Section 173 of the Code (Annexure P. 3), order dated 8,11. 1993 (Annexure P. 4) passed by the Sub Divisional Judicial Magistrate, Safidon directing the framing of a change against the petitioners and the charge dated 8. 11. 1993 (Annexure P. 5)framed consequently against the petitioners for the offences under Sections 406, 323, 498-A and 506,1. P. C.

(2.) THE facts necessary for the disposal of this petition are that on 2. 6. 1993 Smt. Saroj, the respondent No. 2, herein, filed a complaint (Annexure P. I) under Sections, 323,406,498-A, 506 and 120-B, I. P. C. against the petitioners before Sub Divisional Judicial Magistrate, Safidon who in turn by the order of the even date, referred the same to the Police Station, Safidon under Section 156 (3) of the Code. On the basis of the said report, the police registered a case bearing FIR No. 201 dated 5. 6. 1993 (Annexure P. 2) for the said offences. Investigation was taken up, statements of the witnesses were recorded, the petitioners were arrested, and after completing the investigation a charge-sheet under Section 173 of the Code dated 6. 7. 1993 (Annexure P. 3) was filed in the Court of Sub Divisional Judicial Magistrate, Safidon. Cognizance was taken, the petitioners were summoned, and by order dated 8. 11. 1993 (Annexure P. 4), it was held by the Sub Divisional Judicial Magistrate, that a prima facie case to frame charge under Sections 406,323,498-A, 506,1. P. C. had been made out against all the co-petitioners and consequently a charge (Annexure P. 5) had been framed on that very day.

(3.) NOTICE was given to the respondents.