GAZALA Vs. STATE AND ORS.

JUDGEMENT

(1.) In this Criminal Revision Petition, the petitioner has assailed the validity of order dated 08th April, 2010 passed by the Sub-Judge, Judicial Magistrate, Bhaderwah.

(2.) In instant petition, it has been briefly stated that the petitioner is the legal wedded wife of the respondent No. 2, namely, Rashid Parvez and the accused/respondent Nos. 3 and 4 are the father-in-law and mother-in-law of the petitioner. The petitioner has given birth to one daughter, who is being brought of by the petitioner with the meager resources and the petitioner is providing all comforts to the daughter despite the fact that she has been maltreated by the husband as well as in-laws. The accused/respondents Nos. 2 to 4 (herein) used to beat and harass the petitioner and demanded Rs. 00 lacs (Rupees Two Lacs) on the pretext that the husband of the petitioner wanted to start business. They were aware of the fact that the parents of the petitioner as well as the petitioner herself are not in a position to meet such demand. That maltreatment given to the petitioner crossed all limits and the accused were continuously treated with cruelty, but the petitioner kept on tolerating for long time. On 17th January, 2008, the accused/respondent Nos. 2 to 4 (herein) gave merciless beating to the petitioner and when her sisters intervened and objected, they too were beaten by the accused/respondent Nos. 2 to 4 (herein) and a false report was lodged against them in the police station. The continuous and illegal demands of dowry and threat to life compelled the petitioner to lodge a report in the police station and on the report of the petitioner, the police registered a case vide FIR No. 10 of 2008 under Section 498-A Cr.P.C and after investigation, a challan was presented in the Court of Sub-Judge, Judicial Magistrate, Bhaderwah.

(3.) The petitioner took all the steps for prosecuting the case and kept on providing the assistance to the State Prosecuting Agency. The petitioner also engaged a private counsel to assist the prosecution counsel, but all efforts failed when the prosecution did not take steps to prosecute the case effectively and the learned Judge closed the prosecution evidence and acquitted the accused against all the provisions of law. The judgment so delivered by the Sub-Judge, Judicial Magistrate, Bhaderwah is an abused process of law. Hence, the same has been challenged by the petitioner on the following grounds.