KAMLA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard Mr.M.K.Garg, learned counsel for the petitioner, Mr.J.P.S.Choudhary, learned Public Prosecutor, Rajasthan and Mr.B.P.Mathur, Amicus Curiae.

(2.) The judgment and order dated 10.1.2001 passed by the learned Chief Judicial Magistrate, Sri Ganganagar in criminal case no.285/91 acquitting the respondents no.2 to 5 of the charges under sections 406 and 498A IPC constitutes the subject matter of challenge in the instant petition under section 397/401 of the Code of Criminal Procedure (for short, hereafter referred to as "Cr.P.C.").

(3.) The prosecution case is traceable to a complaint filed by the petitioner, on which eventually a case was registered with the Police Station, Chunawad. It was alleged in the complaint that the informant had been married to respondent no.2 Nandram on 23.2.1988 and on that occasion sufficient dowry had been given by her parents. She alleged that her in-laws' however were not satisfied with the endowments and started subjecting her to cruelty which included physical assaults. It was alleged that the respondents no.2 to 5 demanded a motor cycle for which her father provided an amount of Rs.10,000/-. It was alleged that her in-laws' even contemplated to get the respondent no.2 remarried on the imputation that she was mentally ill. That she was eventually left at her parent's house was averred as well. The complaint disclosed further that a written notice had been given by her demanding back her stridhan and also requiring the respondents no.2 to 5 to desist from resorting to the second marriage as proposed. That some of the articles were recovered during investigation was mentioned as well.