JUTHA RAM AND OTHERS Vs. STATE AND ANOTHER

JUDGEMENT

(1.) The instant criminal miscellaneous petition under Sec. 482, Crimial P.C., is filed by the accused petitioners, against the order dated 30.11.2000, passed by learned Additional Chief Judicial Magistrate No. 2, Kota, in Criminal Case No. 141/99, whereby, the learned Magistrate dismissed the application filed by the accused petitioners, under Sec. 468, Crimial P.C., to drop the proceedings, pending against the petitioners, for offences under Sec. 498-A and 406, IPC.

(2.) I have heard the learned counsel for the accused petitioners, Shri R.S. Rathore.

(3.) He brought to my notice, the relevant facts that in the present case, Nirmala, the non-petitioner No. 2, filed a complaint on 17.6.95, before the Magistrate under Sections 498-A and 406, IPC, upon which, the learned Magistrate passed an order under Sec. 156 (3). Cr.PC., with a direction to Police Station, Dadabari, Kota, to register an FIR and investigate the matter. In pursuant to the aforesaid order, passed by the learned Magistrate, under Sec. 156 (3), Crimial P.C., an FIR was lodged at Police Station, Dadabari, Kota, on 27.6.95. After investigation, the Investigating Officer submitted final report on 10.11.95, with which, the learned Magistrate was not satisfied and he directed re-investigation. In pursuant thereof, a challan was submitted against the accused petitioners, under Sections 498-A and 406, IPC, on 12.3.99. After receiving the challan papers from the police station, the learned Magistrate passed an order on 20.3.99, summoning the accused petitioners for the aforesaid offences.