LIKHI RAM Vs. BANE SINGH

JUDGEMENT

(1.) THE challenge here is to the order of the Judicial Magistrate Ist Class, Faridabad, of April 9, 1986, summoning the petitioners in proceedings against them under Section 6 of the Dowry Prohibition Act.

(2.) THE facts relevant to this matter are that on February 10, 1983, the marriage took place between the petitioner Likhi Ram and Kamlesh died on May 17, 1984, and a couple of months after her death i.e. on August 6, 1984, a complaint was filed against the petitioners under Sections 6 and 7 of the Dowry Prohibition Act, in which they are summoned by the Magistrate by his order of February 16, 1985. The petitioners went up in revision to the Additional Sessions Judge, who by his order of September 2, 1985, dismissed the complaint for want of sanction. It was thereafter, that the present complaint, Annexure P3, was filed on December 3, 1985, and the petitioners have now again been summoned by the impugned order of April 9, 1986.

(3.) THERE can be no escape from the conclusion that the complaint in the present case is in fact barred by limitation and this being so, the impugned order cannot be sustained and has consequently to be set aside. The other pleas raised against the impugned order need not, therefore, be gone into.