SARVJIT SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD , Smt. Amrit Kaur respondent No. 2 filed a complaint under Section 498A and 406 IPC against the applicant and 8 others. The complaint was investigated by the police under Section 156 Cr.P.C. and in so far as the present applicant is concerned, the final report was submitted in his favour. The learned Magistrate, however, summoned the present applicant also as an accused of an offence under Section 498A and 406 IPC. But on a revision petition filed under Section 397 Cr.P.C. learned Add1. Sessions Judge No. 2, Alwar vide his order dt. 10.8.1998 held that no prima facie case for offence under Section 406 IPC was made out against the applicant but at the same time he further held that order of taking cognizance of offence under Section 498A IPC and summoning the present applicant as an accused thereunder was maintainable. Aggrieved by the order of the learned Add1. Sessions Judge, the applicant has filed this petition under Section 482 Cr.P.C.

(2.) IT was submitted by the learned Counsel for the applicant that the applicant was simply a brother -in -law (Sister's husband) of the husband of Smt. Amrit Kaur and has nothing to do with the internal affairs of his in -laws. In this behalf, the learned Counsel referred to the statement of several witnesses recorded under Section 161 Cr.P.C. in the course of investigation and highlighted the statements of the witnesses including the prosecutrix herself who had never stated that the present applicant had, in any manner, harassed or treated with cruelty Smt. Amrit Kaur for demand for dowry.

(3.) IN the result, misc. petition succeeds and the impugned order of the learned Addl. Sessions Judge is set aside and the proceedings pending against the applicant are dropped.