DEEPAK AGRAWAL Vs. STATE OF M.P.

JUDGEMENT

(1.) PETITIONERS have filed this petition under Section 482 of Code of Criminal Procedure, 1973 for quashing the FIR dated 04-02-2010 registered at Police Station Inderganj, Gwalior for the offence under Sections 498-A, 406/34 IPC and under Section 3/4 of Dowry Prohibition Act at crime No.55/10 and the proceeding arising out of impugned order dated 16-07-2011 passed by learned JMFC, Gwalior.

(2.) THE complainant -Smt. Nidhi Agrawal -respondent No.2 has lodged an FIR against the petitioners alleging her harassment from 25-11-2005 to 28-11-2009 at her in-laws house at Ludhyiana and further making allegation that in September, 2007, she delivered a child at City Hospital, Gwalior. She was harassed for dowry and petitioners used to quarrel with her and her mother for fulfilling the demand of dowry at Gwalior.

(3.) LEARNED counsel for the petitioners submitted that on submission of expunge report, learned Chief Judicial Magistrate, Gwalior vide order dated 16-07-2011 recorded the statement of witnesses, namely, complainant -Nidhi Agrawal, her mother Beena Bansal and Umashankar Gaur (PW-3) under Sections 200 and 202 of Cr.P.C. Learned counsel for the petitioners further submitted that learned Chief Judicial Magistrate has no jurisdiction to record the statement of complainant and other witnesses while considering the final report submitted by the police under Section 173 of Cr.P.C. The only course open was either to allow final report or if he was disagreeing with the final report to register the case or send it for further investigation but while considering the FR, the procedure which has been adopted for taking evidence of witnesses is not warranted by law.