JOGENDRA PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) This revision application is directed against the order dated 23.9.1991 passed by the learned Judicial Magistrate, Dhanbad in C.P. Case No. 94 of 1991 whereby and whereunder the learned Magistrate allowed the complainant- opposite party to examine the witnesses who are not named in the complaint petition before framing of charge.

(2.) The aforesaid C.P. Case No. 94 of 1991 was initiated on the basis of the complaint petition filed by the complainant-opposite party against her husband- petitioner in the Court of Chief Judicial Magistrate, Dhanbad. In the said complaint petition father-in-law and mother-in-law were also impleaded as accused persons. The complaint petition was filed against the petitioner for committing an offence under Sections 498A/323 of the Indian Penal Code and under Section 3/4 of the Dowry Prohibition Act.

(3.) The prosecution story was that the complainant was married to the petitioner in the year 1978 and after marriage the petitioner started ill-treating her and demanded for a T.V. and money from her father. It is alleged that on 23.12.1990 the in-laws of the complainant drove her out from house after beating her and she was threatened to bring money and T.V. otherwise she would not be allowed to stay in the house of in-law of complainant.