Vinod Prasad - (1.) SMT. Rehana Begum wife of Sri Shafiq Ansari (applicant No. 6), lodged a F.I.R. of Crime No. 974 of 2004, under Sections 498A, 323 and 506, I.P.C. and Section 3/4 of Dowry Prohibition Act, at Police Station Sipri Bazar, district Jhansi against her husband, Shafiq Ansari (applicant No. 6), mother-in-law, SMT. Saidan Begum (applicant No. 1), Jeth Rais Ansari (applicant No. 2), Jethanis SMT. Shahnaj (applicant No. 3), SMT. Shamsad (applicant No. 4) and son of Jeth Sharif Ansari (applicant No. 6).
(2.) THE factual matrix of the F.I.R., allegations were that informant was married with Shafiq Ansari, on 11.3.1996, in which marriage Rs. One lac, ornaments, cloths and other articles were given in dowry. After the marriage, wife informant was tortured because of demand of dowry, which demand was regarding Rs. One lac for the purposes of getting a truck financed. From the aforesaid wedlock, the couple were also blessed with two children. For the purpose of giving mental torture, it is alleged, in the F.I.R. that the husband used to sleep with her Jethani and had illicit relations with her because of which wife was also assaulted. Brother of the informant tried to pacify the husband and his relatives and even paid them Rs. 20,000 but all that did not yield any fruitful result. On 21.8.2004, the brother namely Abdul Kaleem Ansari came to in-laws house and took away informant with him. On 3.9.2004 at about 9 a.m., husband, mother-in-law and Jethanis are alleged to have reached Sipri Bazar, on a Marshal Jeep the parental house of the informant, and informed her that they have entered into an agreement for purchase of a truck for which they require Rs. 1 lacs which money they demanded from the brother of the informant. They were however informed that the brother is not at home and he even does not have that much of money. It is, further, alleged that accused assaulted informant and left the parental house in the same Marshal Jeep. This incident was witnessed by Lalloo and others. Abdul Kalam Ansari, brother of the wife informant, when returned back to his house, got the informant medically examined. It is further averred that informant's in-laws refused to induct her in the family and had thereby destroyed her and her children's lives. On such allegations informant lodged the F.I.R. against accused. Copy of F.I.R. is appended as Annexure-1 and Annexure-2 is the medical examination of informant in which five contusions have been shown, which medical examination was conducted on 4.9.2004. Further perusal of this Criminal Misc. Application indicates, that registered crime resulted in filing of a charge-sheet against accused persons vide Annexure-3, dated 26.7.2005.
(3.) ACCUSED persons prays for discharge before learned Additional Chief Judicial Magistrate, Court No. 6, Jhansi in the relevant Case No. 3645 of 2004, State v. Shafiq and others which prayer for discharge was considered and rejected by the learned Magistrate finding prima facie case against accused-applicants vide his order dated 26.7.2006, copy of which is appended as Annexure-4 to this Criminal Misc. Application. Aggrieved by the aforesaid order of dismissal of discharge, the accused persons preferred Criminal Revision No. 151 of 2005, before learned Sessions Judge, Jhansi. Memo of Revision has been appended as Annexure-5 to this Criminal Misc. Application. Learned Additional Sessions Judge, Court No. 1, Jhansi considered the said revision on merits and, finding it meritless, rejected the same vide his order dated 5.6.2008, which has been appended here as Annexure-6.;