Naheed Ara Moonis, J. - (1.) HEARD the learned counsel for the petitioners and the learned AGA. The instant writ petition has been filed challenging the summoning order dated 5.2.2011, passed by Second Additional Chief Judicial Magistrate, Budaun in complaint case no.3108 of 2010, under Section 498A IPC and Section 3/4 Dowry Prohibition Act, P.S. Dataganj, District Budaun. Aggrieved from the said order petitioner preferred a criminal revision no.151 of 2011 before the revisional court, which was dismissed by order dated 18.1.2012, passed by Additional Sessions Judge, Court No.12(Ex Cadre), Budaun.
(2.) THE opposite party no.2 moved an application under Section 156(3) Cr.P.C. against her husband and in -laws in respect of demand of dowry of one lac rupees and a motorcycle, and on account of non fulfillment, she was subjected to physical and mental torture. The said application was treated as complaint and on the basis of statements of complainant recorded under Section 200 Cr.P.C. and of the witnesses, namely Kavita as P.W.1 and Kamla Devi as P.W.2, prima facie found offence is made out against the petitioners, and summoned them to face the trial under Section 498A IPC and Section 3/4 Dowry Prohibition Act. It is submitted by the learned counsel for the petitioners that false allegations have been made in the application under Section 156(3) Cr.P.C. The present criminal prosecution has been launched only to harass the petitioners. The summoning order has been passed in a routine manner. Aggrieved by the summoning order petitioners preferred a criminal revision no.151 of 2011 before the Additional Sessions Judge, Court No.12(Ex -Cadre). Budaun, whereby the revisional court affirmed the order passed by the court below and rejected the revision by order dated 18.1.2011 in mechanical manner.
(3.) PER contra the learned AGA has contended that from bare perusal of the allegation, prima facie offence has been made out against the petitioners. There is no procedural illegality or irregularity in summoning the petitioners. The petitioners may raise objection at the appropriate stage, therefore the petition deserves to be dismissed. I have considered the rival submissions of the learned counsels for the parties.;