MADHU BALA Vs. SURESHKUMAR

JUDGEMENT

(1.) Special leave granted. Heard the learned counsel for the parties.

(2.) On February 18, 1988 the appellant filed a complaint against the three respondents, who are her husband, father-in-law and mother-in-law respectively, before the Chief Judicial Magistrate, Kurukshetra alleging commission of offences under Sections 498A and 406 of the Indian Penal Code (I.P.C. for short) by them. On that complaint, the learned Magistrate passed an order under Section 156(3) of the Code of Criminal Procedure ('Code' for short) directing the police to register a case and investigate into the same. Pursuant to the said direction Thaneswar Police Station registered a case being FIR No. 61 of 1988 and on completion of investigation submitted charge sheet (police report) against the three respondents under Sections 498A and 406, I.P.C. The learned Magistrate took cognizance upon the said charge-sheet and thereafter framed charge against the three respondents under Section 406, I.P.C. only as, according to the learned Magistrate, the offence under Section 498A, I.P.C. was allegedly committed in the district of Karnal. Against the framing of the charge the respondents moved the Sessions Judge in revision, but without success.

(3.) Thereafter on January 29, 1994 the appellant filed another complaint against the respondents under Section 498A, I.P.C. before the Chief Judicial Magistrate, Karnal and on this complaint the learned Magistrate passed a similar order under Section 156(3) of the Code for registration of a case and investigation. In compliance with the order, FIR No. 111 of 1994 was registered by the Karnal Police Station and on completion of investigation charge-sheet was submitted against the three respondents under Section 498A, I.P.C. On that charge sheet the learned Magistrate took cognizance of the above offence and later on framed charge against them in accordance with Section 240 of the Code.