- (1.) This criminal revision is directed against the impugned summoning order dated 24.1.2006 passed by learned Magistrate whereby the revisionists were summoned to face trial under Section 498-A IPC and Section 3/4 of D.P. Act.
(2.) For appreciating the claims of the revisionists, it would be proper to enumerate the facts of the dispute. The opposite party no. 2 Smt Saroj wife of revisionist Dharmpal lodged an FIR vide case Crime No. 58 of 2002 against the revisionists under Section 498-A IPC and Section 3/4 of D.P. Act at P.S. Kotwali, District Etawah. Investigation was conducted and final report was submitted by the Investigating Officer on 28.4.2002. This final report was placed before the CJM, Etawah. Meanwhile, Smt Saroj, the opposite party no. 2 also invoked the jurisdiction of the CJM by filing protest petition against the said final report submitted by the police. Learned CJM, Etawah passed a composite order on 27.5.2003 whereby the final report was accepted but simultaneously on same material criminal complaint was ordered to be registered. The complainant was directed to adduce her evidence under Section 200/202 Cr.P.C. After recording of the aforesaid evidence learned Magistrate passed the impugned order dated 24.1.2006 summoning all the revisionists under Section 498-A IPC and Section 3/4 of D.P. Act.
(3.) Heard learned counsel for the revisionists, learned counsel for the opposite party no. 2, learned AGA and have perused the material on record.;