ARCHANA RANA @ DEEPA SHARMA @ DEEPA WIFE OF RAVI KANT SHARMA DAUGHTER OF LALU RANU, RESIDENT OF NEW TOWN, JAMTARA, P.O. AND P.S. JAMTARA, DISTRICT Vs. THE STATE OF JHARKHAND AND ORS.

JUDGEMENT

(1.) In this petition, filed under Sec. 482 Crimial P.C., the petitioner has challenged the order dated 24.11.2015 passed by the learned Sessions Judge, Jamtara, in Cr. Revision No. 34/2015, filed by Opp. Parties Nos. 2 and 3, whereby, the learned court has set aside the order dated 18.6.2015, passed by the learned Chief Judicial Magistrate, Jamtara, by which, the summons were issued to the petitioners (Opposite party Nos. 2 and 3) finding that, prima facie, case was made out against them.

(2.) A complaint was filed, which was registered as Complaint Case No. 702/2013 for the alleged offence under Sections 384, 498A, 323, 109 and 34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act, at the instance of Archana Rana. The said complaint was against the seven persons. The complaint was referred to the Officer Incharge, Jamtara Police Station, for investigation in terms of Sec. 156(3) Crimial P.C. After investigation, the police submitted the charge-sheet against all persons. On receipt of the charge-sheet, the learned Chief Judicial Magistrate, Jamtara, vide order dated 18.6.2015 took cognizance for the offence under Sections 323 and 498A Penal Code and Sec. 3/4 of the Dowry Prohibition Act.

(3.) Aggrieved by the said order, Bandana Sharma @ Guria and Archana Kumari Sharma @ Sony, preferred Criminal Revision being Criminal Revision No. 34/2015 before the learned Sessions Judge, Jamtara. Those two petitioners, of the Criminal Revision, challenged the order on the ground that they are the sisters-in-law and there is nothing in the case diary to issue summons against them. Their further case was that no witnesses, during investigation, had come forward to depose any specific overt act against those two petitioners.