V.P. Pathak, J. - (1.) PRESENT petition has been filed with the prayer to set aside the impugned order dated 21.01.2013 passed by Metropolitan Magistrate 1st, Kanpur Nagar in complaint No. 10 of 2012, under Sections 315, 504, 506 IPC, P.S. Kohana, District Kanpur Nagar, whereby the complaint filed by the petitioner has been rejected under Section 203 Cr.P.C.
(2.) HEARD learned counsel for the petitioner as well as learned AGA for the State and learned counsel for the opposite parties No. 2 to 5 and perused the record. The factual matrix of the present case is that the opposite party No. 2, Sumaira Sheik @ Simmi is the wife of the petitioner and the opposite parties No. 3 & 4, Sheik Shahida Begum and Sheik Nuruddin are mother -in -law and father -in -law of the petitioner and the opposite party No. 5, Dr. Shobha Vij is said to have provided medical treatment to opposite party No. 2.
(3.) THE petitioner namely Syed Izhar Husain filed an application under Section 156(3) Cr.P.C. in the court of Metropolitan Magistrate Ist, Kanpur Nagar against the opposite parties No. 2 to 5, under Sections 315, 504, 506 IPC with the prayer to direct the Station Officer, Police Station Kohana, District Kanpur Nagar to register the case and investigate the matter. The said application moved by the petitioner was registered as a complaint. According to the allegations made in the complaint moved by the petitioner, his wife (opposite party No. 2) left his house on being instigated by her parents (opposite parties No. 3 & 4) and was residing in her parental house. She was not ready to live with the petitioner even making much efforts by the petitioner. The petitioner's wife wanted to kill the foetus, whom she was conceiving in her womb at that time and when she did not pay any heed towards persuasion of the petitioner, an application was moved by him to Police Station Becanganj. It is further alleged that during 27.07.2011 to 31.07.2011 the wife of the petitioner in collusion with her parents got her six months' pregnancy terminated in Laxmi Sehgal Nursing Home, Arya Nagar, Kanpur Nagar. The petitioner after knowing the said act on 30.07.2011 went to the said hospital, where father of his wife and 4 - 5 unknown persons met him outside the hospital and abused him badly and also threatened him to kill. The said incident was witnessed by Izhar Alam and Tanvir Alam, who were present there. The petitioner made a complaint before the Deputy Inspector General Police, Kanpur Nagar and on his direction the police of Police Station Kohana reached on the spot and assured him for taking action, but no action was taken and only this much was told that enquiry was being done. It is also alleged that the wife of the petitioner and her parents and other family members are threatening to kill him or to implicate him in some false case.;