MANGAL SINGH Vs. RAJINDER SINGH AND OTHERS

JUDGEMENT

(1.) MANGAL Singh has filed this petition under section 482 of the Code of Criminal Procedure for quashing the order dated January 11, 1977, passed by the Chief Judicial Magistrate, Chandigarh vide which his complaint under sections 415, 417 and 420, Indian Penal Code, was dismissed under section 203, Criminal Procedure Code, and also the order dated October 25, 1977, passed by the learned Additional Session Judge, Chandigarh, vide which his revision petition filed against the order of the Chief Judicial Magistrate was dismissed.

(2.) IT is alleged in the petition that a complaint under sections 413, 417 and 420, Indian Penal Code, was filed against the respondents in the Court of Shri M.S. Nagra, Chief Judicial Magistrate, Chandigarh, on the ground that the respondents cheated the petitioner and there by dishonestly induced him to deliver articles of dowry and cash along with his daughter in marriage with Rajinder Singh, accused (respondent No. 1), who was impotent before the marriage ; that this fact was in the knowledge of respondents Nos. 1 to 3 and 6 and they never disclosed the fact of impotency of respondent No. 1 to the petitioner, rather all the six accused -respondent gave the assurance that respondent No. 1 was quite hale and hearty and fit for marriage and that with these false assurances the petitioner was cheated. Copy of the complaint is attached with the petition as Annexure P -1.

(3.) BOTH the learned Magistrate and the Additional Sessions Judge have observed that no case is made out under section 420, Indian Penal Code but a case is made out for issuing process under section 417, Indian Penal Code. But since the complaint was time barred in view of the provisions of sub -section (1) of section 469, Criminal Procedure Code, the complaint was dismissed.