GAURI SHANKAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioners have preferred this petition challenging the order dated 15.6.2004 passed by learned Sub -Divisional Judicial Magistrate, Bokaro, whereby cognizance of the offence under Section 498A of the Indian Penal Code has been taken against the petitioners and one Mukesh Shastri.

(2.) PETITIONER Nos. 1, 5, 7 and 11 in this petition are own brothers of the husband of the complainant; petitioner Nos. 2, 6, 8 and 12 are their respective wives and sisters -in -law of the complainant; petitioner No. 9 is mother -in -law; petitioner No. 10 is father -in -law; Petitioner No. 13 is the daughter of petitioner No.11. The said petitioners have been sought to be implicated in a criminal case by the complainant on the ground that the petitioners alongwith her husband Mukesh Shastri tortured her for bringing dowry. Learned court below on the basis of the complaint, the solemn affirmation and the statement of the witnesses has taken cognizance of the said offence under Section 498A of the Indian Penal Code against all the petitioners and husband of the complainant Mukesh Shastri.

(3.) LEARNED counsel appearing on behalf of the petitioners submitted that on perusal of the solemn affirmation of the complainant, which is said to be one of the basis for taking cognizance, it would be evident that the complainant has not whispered even a word constituting the said offence against these petitioners. Her entire allegations centered around her husband Mukesh Shastri. Mukesh Shastri is not a party in this petition. He further submitted that on the basis of the general and unspecific allegation and without any sufficient material there was no ground for taking cognizance of the said offence against these petitioners. Learned court below casually and without giving anxious consideration of the material on record has taken cognizance against all the petitioners by the impugned sweeping order, which has no legal basis and is not sustainable in law.