DIWAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Criminal Revision filed by petitioners Diwan Singh, Pappu, Girraj Singh and Smt. Harpyari, is directed against the order dated 25.1.2001 passed by learned Additional Chief Judicial Magistrate, Bayana, whereby learned Magistrate has taken cognizance against these petitioners for offence under sections 498A and 406 IPC and summoned them through bailable warrants.

(2.) Notices were issued to the non-petitioners, and record of the lower Court was called for Heard learned counsel for the parties.

(3.) It is contended on behalf of petitioners that in the matter, Petitioner Diwan Singh is husband of Smt. Nirmala Devi alias Lajja, complainant Non-Petitioner No. 2 and due to some misunderstanding complainant non-petitioner has filed a complaint in the Court, which was sent to Police for investigation under Section 156(3) of the Criminal Procedure Code. During the course of investigation the accused petitioners brought the complainant at their residence and she has started living alongwith her minor daughter with her husband peacefully. The complainant wife has filed an affidavit stating that at the time of delivery, she got a paralytic attack and as a result of which half portion of her body has been paralysed. She also stated that she was not subjected to any cruelty by her husband and by her in-laws and is living peacefully with her in-laws. After investigation Police filed final report, when she was at the house of her parents, her statement alongwith witnesses was recorded under Section 200 and 202 Cr. P.C. and Court took cognizance against these petitioners for offence under Section 498A and 406. IPC. Hence this revision.