DUNI CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant petition under section 482 Cr. P.C. has been filed challenging the order dated 13.11.2002 passed by the Additional Sessions Judge, Raisingh Nagar confirming the order dated 21.8.2002 passed by the Judicial Magistrate, First Class, Vijainagar in criminal case No. 149/1999 taking cognizance against the petitioners for offence under Section 498A and 406 I.P.C. and summoning them on application filed by the complainant under Section 319 Cr.P.C.

(2.) Briefly stated the facts of the case are that on 14.11.1998 Smt. Darshana Devi filed a complaint against seven accused persons stating inter alia that she had married with Praveen Kumar about seven and half years back. Out of the wed lock she gave birth to a daughter. The husband Praveen Kumar, father-in- law Duni Chand, mother-in-law Smt. Vidhya Devi, brother-in-laws Anil Kumar and Shyam Lal, sister-in-laws Santosh and Usha used to treat her with cruelty for not bringing sufficient dowry.

(3.) The learned Magistrate send the complaint the investigation under Section 156(3) Cr.P.C. After investigation the Police filed a charge-sheet against the husband Praveen Kumar for offence under section 498-A and 406 IPC. The Police found no case against the rest of the second accused-petitioners. During the trial the statements of PW-1 Darshna, PW-2 Ramesh Kumar, PW-3 Ramlal and PW-4 Dhola were recorded. At this stage an application was filed on behalf of the second respondent. Smt. Darshana to the effect that all the six accused persons left out, be summons as there is sufficient material appeared during the trial to connect them with the crime. The learned Magistrate partly allowed the application. The application was rejected as far as Shyam Lal, Santosh and Usha is concerned. However, the learned Magistrate took cognizance against the accused-petitioners-Dunichand, Smt. Vidhya Devi and Anil Kumar for offence under sections 406 and 498-A IPC. They have been summoned by the impugned order.