SUDESH KUMARI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) SARVASHRI Krishan Lal and Kasturi Lal sons of Prem Singh were challaned to face trial for the offences punishable under Section 307/34 IPC.

(2.) BRIEF facts of the case are that Mulkh Raj husband of the complainant and the accused-Krishan Lal and Kasturi Lal were partners in a thread-making Mill. The Mill was dissolved in January, 1998. The accused had taken their share but Mulkh Raj-husband of the complainant continued with the business. The accused were not satisfied with the share. Therefore, by way of issuing notices they had been pressurising Mulkh Raj to pay more money to them.

(3.) ON the statement of Sudesh Kumari, the present case was registered and on the receipt of the Chemical Examiner's report, it was found that the complainant and her son Anil Kumar had never visited the house of the petitioner and that the occurrence had never taken place in the manner narrated by the complainant. Therefore, report of cancellation was submitted to the Court for approval. The learned Judicial Magistrate Ludhiana, vide his order dated May 28, 1999 accepted the cancellation report and had also ordered that the complainant shall be at liberty to file a private complaint, if she had any grievance against the accused-petitioners. This order has, therefore, given rise to the present Criminal Revision filed by Sudesh Kumari-complainant.