ADITYA SINGH & ANR. Vs. STATE & ANR.

JUDGEMENT

(1.) By the instant petition, filed under Sec. 397 read with Sec. 401 Cr.P.C, the petitioners have challenged the order dated 28.3.2005 passed by learned Addl. Chief Judicial Magistrate, Bali in Original Criminal Case No. 56/ 2005 arising out of C.R. No. 11/2004 PS Falna by which allowing the application of complainant filed under Sec. 190 Crimial P.C. cognizance for the offences under Sec. 498-A, 406 Indian Penal Code has been taken against the petitioners.

(2.) Brief facts of the case are that complainant Manohar Singh, filed a complaint on 15.1.2004 in the Court of Addl. Chief Judicial Magistrate, Bali against petitioners and 8 others stating inter-alia therein that on 27.4.2001 his daughter Rekha was married to Kuldeep Singh but after the marriage the in-laws of his daughter started harassing his daughter demanding more dowry. It is further stated in the complaint that all the demands of accused persons were fulfilled by the complainant but even then after about a week of the marriage further demand of Rs. 1 lac and a Maruti Car was also made by the accused persons and as these demands could not be fulfilled, Rekha was harassed and in such circumstances she returned back to her parental house. It is also stated in the complaint that the accused have kept the Stridhan of her daughter with them and complainant asked the petitioners who are nephew (brother's son) and sister-in-law (brother's wife) to settle the matter by persuading the other accused persons so as to sent Rekha to her matrimonial home back but to no avail. It is alleged that despite repeated requests and demands the other accused persons did not return the Stridhan of Rekha and on 11.1.2004 the present petitioners gave a telephonic message to the complainant that if the demands were not fulfilled then Kuldeep will marry with someone else.

(3.) The complainant was forwarded to the Police Station, Falna under Sec. 156(3) Crimial P.C. for investigation where a case was registered and FIR No. 11/2004 for offence under Sec. 498A & 406 Indian Penal Code was chalked out. After investigation, police filed challan against 8 accused persons except the petitioners so the complainant filed the application under Sec. 190 Crimial P.C. before the learned Addl. Chief Judicial Magistrate, Bali, praying for taking cognizance against the present petitioners. The learned Magistrate by his order dated 28.3.2005 has allowed the application filed by the complainant and has taken cognizance against the petitioners also for the aforesaid offences punishable under Sec. 498-A & 406 Indian Penal Code while taking cognizance against other 8 accused persons. Aggrieved, the petitioners have filed the present criminal revision petition.