VIDHYA DEVI Vs. STATE

JUDGEMENT

(1.) This Criminal Misc. Petition under Sec. 482 Cr.P.C. assails the order, dtd. 18/2/2021, passed by the learned Judicial Magistrate, Barr whereby the application under Sec. 246 and Sec. 313 Cr.P.C. preferred by the petitioner was rejected; and seeks to recall the testimonies of the accused, being respondents No. 2 and 3 Narayan Singh and Ghisidevi and for recording their testimonies afresh.

(2.) Brief facts of the case as placed before this Court by learned counsel for the petitioner are that the petitioner submitted a complaint against the private respondents for the offences under Ss. 494 and 114 IPC before the Judicial Magistate, Barr. That the marriage between the present petitioner and the respondent no.2 was solemnized, as per Hindu rites and rituals, and of the wedlock two children were born to them. That the streedhan of the petitioner (wife) was illegally taken by the respondent no. 2 (husband) and his family and the petitioner was ousted from her matrimonial home. Thereafter, the respondent no. 2 (husband) married the respondent no.3.

(3.) Learned counsel for petitioner submitted that the learned Court below has committed a grave error of law by not appreciating the wide contours and objective of Sec. 313 Cr.P.C.