SHAKEEL AND OTHERS Vs. STATE OF UTTARAKHAND AND ANOTHER
HIGH COURT OF UTTARAKHAND
Shakeel And Others
State of Uttarakhand and another
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(1.) By means of this petition, order of cognizance dated 10.08.2007 passed by Judicial Magistrate, Kashipur, District Udham Singh Nagar is under challenge. Learned Magistrate passed the said order in criminal case no. 3739 of 2007 (Ayasha Vs. Mohd. Shakeel and others) and summoned the petitioners for the offence under Section 323, 504, 506, 452, 498-A IPC read with Section 3/4 of the Dowry Prohibition Act.
(2.) In short, facts of the case are that Ayasha (respondent no. 2) was wedded with Shakeel (petitioner no. 1) sometime in 2002. She went to her matrimonial house but after a couple of months behaviour of her husband as well as other petitioners became very rude towards her. They began to demand dowry and coerced her to fetch the same. Their conduct became atrocious towards her. Meanwhile, she gave birth to a child. Ultimately, on the question of dowry, she was expelled from her matrimonial house. Almost before three months of filing of this complaint, petitioners demanded Rs. 50,000/- in cash along with a motorcycle and threatened her that in case, she does not fulfil their demand, she would not be accommodated in her matrimonial house. On 29.06.2007 at about 08.00 a. m. all the petitioners came in the house of Ayasha's father and hurled abuses. They beat mother and 2 father of complainant with fists and kicks. On hearing the noise, neighbours rushed to their rescue.
(3.) Complainant filed her complaint on 21.07.2007. She got her statement recorded under Section 200 Cr. P. C. Besides, her two witnesses namely CW1 Abdul Malik and CW2 Raees Ahmad were examined under Section 202 Cr. P. C. and thereafter, learned Judicial Magistrate passed the impugned order of cognizance.;
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