PREM NATH LAROIYA Vs. STATE

JUDGEMENT

(1.) THE Chief Judicial Magistrate, Dharamsala has charged the oetitioner with an offence under Section 498 of the Indian Penal Code of having taken away Zinat Akhtar, whom he knew or had reason to believe to be the wife of Samuel Akhtar, from her husband's house with intent that she might have illicit intercourse with him.

(2.) THE charge was framed on a complaint by Samuel Akhtar under Sections 497 and 498 of the Code against the accused. The complaint was lodeed on Julv 24 1967- It was alleged that Zinat Akhtar, subsequently known as Sneh Mala, was his legally married wife, that thev had four children of whom two survived, one a daughter ased 16 vears old and the other a son about 10 vears old. It was said that the accused who had known Zinat Akhtar previously as the legally wedded wife of the complainant, induced her to leave the house of her husband on October 14, 1965. It was alleged that he had taken her awav with the intent to have illicit intercourse with her. It was further alleeed by the complainant that he had reported her departure to the police but as the whereabouts of the accused and Zinat Akhtar could not be ascertained the proceedings had to be dropped. But on June 11. 1967. it was said the complainant met the accused and Zinat Akhtar at Bombay and learned that the accused was keeping her with him and giving out that she was his wife. There were further allegations that the accused was having sexual intercourse with her and that he was also offering her to different persons for that purpose for pecuniary sain. The complainant further alleged that although he had reauest-ed Zinat Akhtar to accompany him she had declined to do so at the instance and instigation of the accused and, therefore the accused could be said to be detaining her-

(3.) THE accused applied in revision under Section 435 of the Code of Criminal Procedure, and the learned Sessions Judge, Kangra Division at Dharamsala has recommended the case to this Court for auashing the charge.