SHAHJAD ALI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE order dated 2-2-2001 passed by the learned ACJM, Sikar is under challenge in the criminal misc. petition, whereby the learned Magistrate has taken cognizance against the petitioners for the offences under Sections 498-A and 406 of ipc. Against the said order, the petitioners preferred a revision petition but without any success as the same was dismissed on 27-8-2001 and the order passed by the learned magistrate was affirmed.

(2.) THE relevant facts giving rise to the present proceedings are that non-petitioner no. 2 had filed a complaint on 19-2-1996 in the Court of Judicial Magistrate, Sikar. It was averred in the complaint that the non-petitioner No. 2 was married to Mohammad altaf about three years ago in accordance to muslim rites and rituals. It was alleged that on 10-2-1994, the accused-persons had demanded an amount of Rs. 30,000/- and when the said demand could not be fulfilled, they had abused and harassed the complainant. Thereafter, non-petitioner No. 2 is said to have brought an amount of Rs. 30,000/- from her father. It is also alleged in the complaint that after a lapse of about 6 months the accused-persons had again started demanding dowry and harassing the non-petitioner No. 2. It is further averred that the non-petitioner No. 2 was continued to be beaten by the accused-petitions and ultimately they left her at the bus stand in sikar on 30-7-1994. Thereafter, the non-petitioner No. 2 came to her parental house and later delivered a female child.

(3.) ON the receipt of said complaint, the learned Magistrate sent it to the Police Station Kotwali, Sikar under Section 156 (3) of cr. P. C. whereupon an FIR No. 289/96, for the offences under Sections 498-A and 406 of IPC, was registered on 7-6-1996. On conclusion of the investigation, the Police filed a charge-sheet on 27-7-1996, only against the husband, Mohammad Altaf for the offences under Section 498-A and 406 of IPC. Subsequently, the learned Public Prosecutor submitted an application on 27-7-1996 with the prayer that cognizance be also taken against the present petitioners. The said application was allowed by the learned magistrate on 30-8-1996 (Annexure-1)whereby cognizance was taken against all the petitioners. Feeling aggrieved of the said order the petitioners filed a revision petition which came to be decided by the learned additional Sessions Judge No. 2, Sikar. The learned revisional Court by its order dated 3-9-1998 (Annexure-2) accepted the revision petition and quashed and set aside the order of cognizance (Annexure-1) passed by the learned Magistrate. Consequently, the proceedings (229/96) against Mohammad altaf remained pending in the Court of CJM, sikar.