- (1.) Heard the learned counsel for the petitioners, learned Public Prosecutor and the learned counsel for non-petitioner No. 2.
(2.) The facts of the case may be briefly stated as below : Smt. Ganga Devi alias Guddi is legally married wife of Suresh Kumar petitioner No. 1. The marriage of Smt. Ganga Devi was solemnised on 10th February, 1989. Smt. Ganga Devi filed a complaint against the petitioners alleging the commission of offences punishable under Sections 498-A, 109, 494 and 120-B of the Indian Penal Code. The complaint was sent by the learned Judicial Magistrate to the Police under Section 156(3) of the Criminal Procedure Code for investigation. In compliance with the order passed by the learned Judicial Magistrate the Police investigated the case and after completion of the investigation submitted a report under Section 173(2) of the Criminal Procedure Code alleging therein that offences under Sections 498-A, 494, 109 and 120-B were prima facie made out. The learned Additional Chief Judicial Magistrate, Makrana took cognizance of the offences disclosed by the police report and registered the case at No. 267/94 cognizance of the offence was taken on 15th October, 1994.
(3.) Feeling aggrieved by the order dated 15th October, 1994 by which cognizance had been taken of the above mentioned offences, the accused persons (petitioners) filed a revision petition before the learned Sessions Judge, Merta. The revision petition was transferred to the Court of learned Special Judge, SC/ST Cases (Prevention of Atrocities Act), Merta where it was registered at No. 39/96. The learned Special Judge vide order dated 23rd November, 1996 dismissed the revision petition filed by the petitioners.;