UMAR DARAZ & OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition under Sec. 482, Cr. P. C. 1973, is directed against the order of the learned Additional Munsiff and Judicial Magistrate, Court No. 4, Jaipur City, Jaipur dated 3rd April, 1978, whereby the accused petitioners have been summoned for an offence under Sec. 406 and 500 IPC.

(2.) Brief facts of the case which are relevant for the disposal of this petition are that Mst. Anisa Begam was married to Hasan Daraz on 17-4-1966. Umar Daraz and Gulsan are the parents of Hasan Daraz. The complainants case is that from the very beginning Hasan Daraz wanted to get rid of the complainant and also wanted to devour her entire ornaments and goods received by her by way of dowry. It was further contended that day prior to Bakar Id in 1977, she was beaten and thrown out of the house. It was also contended by her that Hasan Daraz is intending to have a second marriage. It is further contended that on 13-1-1978, Hasan Daraz served a notice on Mst. Anisa Begam through his counsel stating that he unequivocally divorced her because she has been seen loitering with strangers and that her character is not beyond reproach. The contention of Mst. Anisa Begam is that all this has been done by Hasan Daraz under the instructions and in connivance of his father and mother Umar Daraz and Gulson.

(3.) A complaint under Sections 406 and 500, Penal Code was filed against the accused persons. The statement of Mst. Anisa Begam was recorded by the learned Magistrate on 6-3-1978. The statements of Safi Mohd. and Nilam Mystery were recorded on 9-3-1978. The learned Magistrate took cognizance under Sections 406/500, Penal Code by registering a case against the accused-petitioners on 3-4-1978.