SANDEEP MEHTA,J. - (1.) THE instant miscellaneous petition has been filed by the petitioners challenging the order dated 30.10.2010 passed by the learned Sessions Judge, Dungarpur in Criminal Revision No. 38/2009, whereby he has affirmed the order dated 17.9.2009 passed by the learned Additional Chief Judicial Magistrate, Sagwara, district Dungarpur in Criminal Regular Case No. 526/2009 (Malti v. Shailesh & Ors.), taking cognizance against the petitioners on a Final Report for the offences under Sections 498A, 323/34, 379/34 and 504 IPC and Section 4 of the Dowry Prohibition Act.
(2.) SUCCINCTLY stated the facts of the case are that the complainant-respondent No. 2 submitted a complaint in the Court of the learned Judicial Magistrate, Simalwara on 11.6,2007 with the allegation that after her marriage with the petitioner No.1 Shailesh Kumar, she was harassed by the husband as well as his other relatives on account of bringing less dowry etc. The said complaint was kept for reporting on 14.6.2007 and thereafter the complaint was directed to be placed in the court on 20.6.2007. On 20.6.2007, the complainant, along with her counsel, appeared in the Court and made a request to the court for sending the complaint to the Police Station for investigation under Section 156 (3) Cr.P.C. Upon this, the learned Magistrate proceeded to accept the request and directed that the complaint be sent to the police station, Dharmbola for investigation. The complaint was received at the police station, Dhambola on 23.6.2007, where FIR No. 146/ 2007 was registered and investigation commenced. During the course of Investigation of the First Information Report, the complainant was examined under Section 161 Cr.P.C. on 200 In her statement, in addition to the allegations made in the FIR, the complainant made the following allegations: (Matter in other language) 3. A perusal of the said portion of the statement of the complainant reveals that she has mentioned in her statement about certain events which took place with her after the filing of the complaint in the Court on 11.6.200 In this portion of her statement, quoted above, the complainant has stated about certain acts of assault said to have made upon her by the accused herein between 17 to 19th June, 2007, i.e. before her appearance in the Court of the learned Judicial Magistrate, Simalwara, as stated above, on 20.6.200
(3.) THE police, after investigation of the said FIR No. 169/2007, filed a charge-sheet on 18.8.2007 in the Court concerned against petitioner Shailesh Kumar for the offence under Section 498A, IPC.;