LAWS(P&H)-2018-3-304

VANDANA SHUKLA Vs. HARISH SETHI AND OTHERS

Decided On March 26, 2018
Vandana Shukla Appellant
V/S
Harish Sethi And Others Respondents

JUDGEMENT

(1.) The instant petition has been filed under Section 482 Cr.P.C. seeking quashing of impugned order dated 16.01.2013 passed by the trial court and impugned order dated 17.05.2013 passed by the Revisional Court vide which the application under Section 311 Cr.P.C. filed by the petitioner has been dismissed.

(2.) The brief facts are that on the statement of petitioner an FIR No.177 dated 07.12.2007 was registered under Sections 406, 498-A of Indian Penal Code at Police Station Division No.7, Jalandhar against respondents No.1 to 6. After investigation of matter, a report under Section 173 Cr.P.C. was submitted in the court, however, at time time of submission of the report under Section 173 Cr.P.C., the Investigating Officer did not attach the receipts of some of the dowry articles, as these receipts were not easily available at that time. The petitioner was able to locate the original receipts of the dowry articles/istridhan and thereafter, moved an application under Section 311 Cr.P.C. seeking permission to place them on record the same and get them exhibited. The application came to be rejected by the impugned order and subsequently, the revision petition too. Aggrieved, the instant petition has been filed.

(3.) Learned counsel for the petitioner contends that the production of the original receipts pertaining to purchase of dowry articles/istridhan are material documents to establish that these articles had been given at the time of the marriage and the dowry stands misappropriated by the accused. It is argued that examination-in-chief of the petitioner/complainant is yet to be completed, therefore, no prejudice is going to be caused to the accused persons, as the trial of the case is at a initial stage.