- (1.) DEV Kant Trivedi, J. Heard the learned Counsel of Achhey Lal, petitioner on this petition under Section 482 of the Cr. P. C, whereby the petitioner has prayed for quashing of the order dated 20tn June, 1998 passed by C. J. M. Sultanpur and for staying his arrest.
(2.) IT appears from the Annexures filed along with the petition that an ap plication under Section 156 (3) of the Cr. P. C. was made by Hari Shankar making the allegations that his daughter Hisha was victim of death and she died in her Sasural by burn injuries and earlier on 13th May, 1997, the demand of dowry was made which was unfulfilled. After considering the application under Section 156 (3) of the Cr. P. C. and the papers filed along therewith, the learned Magistrate passed an order under Section 156 (3) of the Code of Criminal Procedure for investigation of the case. In passing the impugned order dated 20th June, 1998, the learned Chief Judicial Magistrate has committed no error whatsoever. He has not committed any irregularity or illegality as well. He simply directed the police to make the investigation. Such an order does not amount to an abuse of the process of law.
(3.) THE petition is accordingly not maintainable and is dismissed. It is, how ever, made clear that the petitioner will not be arrested till his complicity in the crime of the dowry is found during the investigation. Petition dismissed. .;