DESH RAJ Vs. MEENA

JUDGEMENT

(1.) THIS petition is converted into and treated as a petition under Section 482 of the Code of Criminal Procedure for setting aside the order dated 16th April, 2007 passed by the learned Additional Chief Judicial Magistrate, Sundernagar and the proceedings in Criminal Complaint Meena versus Desh Raj and others pending in the aforesaid Court, from out of which the aforesaid impugned order dated 16th April, 2007 arose. Respondent Meena, claiming to be the legally wedded wife of petitioner No.1 Desh Raj, filed a Criminal Complaint under Sections 406 and 506 of the Indian Penal Code against the six petitioners herein. The complaint being very short, for ready reference as well as for the sake of record, it is being reproduced herein below. The entire text of this complaint reads thus:-

(2.) RECORD of the trial Court, carefully perused by me, suggests that this complaint was presented in the Court below on 9th April, 2007. The Criminal Ahlmad of the Court submitted his report to the following effect:-

(3.) NEITHER the statement of the complainant nor of any witness was recorded by the learned Magistrate before taking cognizance of the complaint and before issuing process against the petitioners. Section 200 of the Code of Criminal Procedure reads thus:-