- (1.) INSTANT Criminal Revision has been preferred against the order dated 19.01.2012, whereby the Additional Chief Judicial Magistrate, Court No. 20, Lucknow has taken cognizance on the supplementary charge -sheet filed by the police in Case Crime No. 399 of 2008, under Sections 498A, 323, 504 and 506 I.P.C.
(2.) BRIEF facts giving rise to the instant revision are that the complainant Naresh Kumar Srivastava has lodged an F.I.R. on 07.05.2008 with the allegation against five persons including four present revisionists. Revisionist No. 1 Smt. Laxmi Srivastava is the mother -in -law of the victim, Revisionist No. 2 is the sister -in -law, P.W. 3 Sangeeta is also sister -in -law of the victim and Revisionist No. 4 Naresh Kumar Srivastava is the brother of the husband of the victim.
(3.) THE allegation in the F.I.R. was that the daughter of the complainant was married with Ashwani Kumar Srivastava on 17.02.2005, who was working in the Bank of Bakobia at Baltimore City, U.S.A. After settlement of marriage a demand of Rs. 20 lacs cash and other valuable things was made, but the complainant told them that he is in a position to spend only rupees 10 lacs. Thereafter the complainant went to Mirzapur and give them rupees 4 lacs for the purchase of jewellary. It was informed by the accused persons that they shall bring the said jewellary in the marriage, but the same was not brought and he was further threatened that in case the demand of rupees 20 lacs is not fulfilled then the marriage shall not be solemnized. Thereafter again the complainant, anyhow, managed rupees 7 lacs and paid them in Trinka Hotel, Lucknow. After marriage his daughter remained seven days in Mirzapur and during this period of seven days she was treated with cruelty and was pressurized in connection with demand of dowry. When her husband Ashwani Kumar Srivastava was to go to America then he asked his wife to make arrangement of her ticket through her father. The ticket was purchased by the complainant and thereafter she went to Baltimore, U.S.A. But even in America the cruel behaviour of her husband continued. She was beaten there and was not allowed to talk with her family members. On 23.12.2005 she gave birth to a daughter and after her birth the cruel behaviour of her husband Ashwani Kumar Srivastava increased. Anyhow the daughter of the complainant Ms. Aparna Srivastava managed to inform his family members. Then her father informed his son who also lives in Dublin City of U.S.A. He also contacted Ashwani Kumar Srivastava, then he again repeated the demand of rupees 20 lacs. Thereafter the complainant also went to America, but Ashwani Kumar Srivastava declined to meet him. On 21.10.2006 her daughter was forced to sign some blank papers and thereafter she was turned out from there. Under these circumstances the victim was forced to come back to Lucknow. The family members of Ashwani Kumar Srivastava were contacted. Thereafter the F.I.R. was lodged. After conclusion of the investigation the police prepared charge -sheet and submitted the same before the Circle Officer, who ordered for further investigation in the matter. After further investigation, the charge -sheet was filed against the husband in the Court. The cognizance was taken against husband. On the protest petition filed on behalf of the complainant, the Magistrate concerned directed for further investigation, and after further investigation in this matter the supplementary charge -sheet was filed against the present revisionists and by the impugned order the learned Magistrate has taken cognizance on the said F.I.R. Submission of the learned counsel for the revisionist is that in this case offence is alleged to have taken place in America, therefore, in view of the provisions of Section 188 Cr.P.C. the trial court was barred from taking cognizance and no cognizance could have been taken without prior sanction of the Union of India. It is further submitted that a divorce petition was filed in U.S.A. and the Court in U.S.A. has decreed the same on 14.08.2007.;