Dinesh Kumar Singh, J. - (1.) The present petition under Section 482 Cr.P.C. has been filed against the summoning order dated 1.2.2010 passed by the Chief Judicial Magistrate, Unnao in Case No.1176 of 2008 under Sections 498A, 323, 504 and 506 IPC and Section 3/4 Dowry Prohibition Act, Police Station Ganga Ghat, District Unnao.
(2.) The complainant earlier filed proceedings under Section 125 Cr.P.C. for granting maintenance to her. Petitioner No.1, husband of the complainant, filed written statement on 16.9.2008 and the stand taken was that he had already divorced the complainant. After written statement was filed, a criminal compliant under Section 190 Cr.P.C. was filed before the Magistrate on 20.12.2008. The complainant got herself examined under Section 200 Cr.P.C. and her father got examined under Section 202 Cr.P.C. There is bald and general allegation against all the family members regarding dowry demand and torture etc. The complainant made some specific allegation against petitioner no.1. However, her father, who was examined under Section 202 Cr.P.C., has made only bald allegations of dowry demand and torture etc to the complainant. The Magistrate on the basis of averments made in the complaint and the statements of the complainant and the witness recorded under Sections 2002 and 202 C.P.C., has summoned all family members of the petitioners and has issued process.
(3.) Despite service notice, no one has put in appearance on behalf of respondent no.2.;