MANMOHAN BAHADUR SAINI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This is an application under Section 438 Cr.P.C. for releasing the petitioners on bail in FIR No.158/2012, dated 07.07.2012, registered at Police Station, Sadar, District Chamba, under Sections 498-A, 406, 506, 323, 34 IPC.

(2.) It has been stated that petitioner No.1 is 79 years old and suffering from various ailments. The petitioner No.2 is 72 years old and she is also suffering from heart ailment. Petitioner No.3 is an Advocate. Petitioner No.4 is wife of petitioner No.3. Petitioner No.5 is a law student at Punjab University and is son of petitioner No.3. The complainant in order to exert pressure and in retaliation to FIR No.192 dated 22.06.2011 registered at Police Station, Sector 17, Chandigarh, has lodged above FIR at Police Station, Chamba, against petitioners leveling false and frivolous allegations.

(3.) The complainant has lodged the case against petitioners giving it a shape of matrimonial dispute after four years of death of Nitin Saini, late husband of complainant, who unfortunately died in an accident on 26.11.2008. Nitin Saini was the son of petitioners 1 and 2. Petitioners 4 and 5 are wife and son of petitioner No.3, they were living separately, they shifted to present accommodation i.e. Ground Floor House No.1450, Sector 22 B, Chandigarh, after the death of Nitin Saini. The complainant was living with her husband in the top floor of House No. 1450, Sector 22B, Chandigarh, with separate kitchen during the lifetime of Nitin Saini.