MANAK CHAND Vs. STATE

JUDGEMENT

(1.) Heard the learned Counsel for the petitioners, the learned Public Prosecuor and the learned Counsel for the non-petitioner No. 2.

(2.) By this petition under Section 482 Cr.P.C. the petitioners have prayed that F.I.R. No. 78/96 registered at police station, Sumerpur be quashed.

(3.) According to the averments made in the petition, respondent No. 2 Smt. Shobha was married to Shri Manak Chand (petitioner No. 1) on 28-1-1995. After their marrige the relations between Manak Chand and Smt. Shobha (respondent No. 2) became strained. As a result Smt. Shobha has filed a complaint against the petitioners in the Court of Judicial Magistrate Sumerpur alleging the commission of offences u/Ss. 498A and 406, IPC. That complaint was forwarded by the learned Judicial Magistrate, Sumerpur to the Station House Officer of the Police Station, Sumerpur under sub-section (3) of S. 156, Cr.P.C. for investigation. On receipt of the complaint, the Station House Officer of the Police Station registered the F.I.R. No. 5/96 in respect of offences u/Ss. 493A and 406, IPC. During the course of investigation statements of several persons were recorded u/S. 161, Cr.P.C. After investigation, a charge-sheet under sub-section (2) of Section 172, Cr.P.C. was filed in the Court of learned Civil Judge-cum (Junior Division) cum-Judicial Magistrate, Sumerpur. The learned Judicial Magistrate took cognizance on the basis of the charge-sheet submitted by the police. It is also mentioned in the petition that the petitioners are facing trial in the Court of learned Judicial Magistrate, 1st Class, Sumerpur. It is also stated in the petition that the petitioners had to run from piller to post for obtaining anticipatory bail during the investigation of the aforesaid F.I.R. No. 5/96. It is alleged that the non-petitioner No. 2 has filed another complaint alleging the commision of offences u/Ss. 498A and 406, IPC and the second complaint filed by the non-petitioner No. 2 was also sent to the Station