NANHE AND ORS Vs. SARASWATI DEVI

JUDGEMENT

(1.) Mr. G.C. Lakhchaura, Advocate, for the petitioners. Mr. Mohd. Azim, Advocate, for the respondent. Having heard learned counsel for both the parties, it appears that the challenge, by way of this petition, is to the order of cognizance dated 24.7.2010 passed by the Additional Chief Judicial Magistrate, Kashipur, Distt. U.S. Nagar in criminal case no.943 of 2010, Smt. Saraswati Devi Vs. Nanhe and others.

(2.) Initially, the complaint was instituted against Nanhe and his three sons, namely, Sunil, Manoj and Vinod. However, learned Magistrate, after perusing the statements of complainant u/s 200 Cr.P.C. and that of her witnesses, namely, Maheshwar Ojha and Anil under Section 202 Cr.P.C., passed the impugned order of cognizance, asking only three accused, namely, Nanhe, Manoj and Vinod (petitioners before this Court) to stand trial for the offence punishable under section 504 IPC only.

(3.) Learned counsel for the petitioners has contended that this complaint was a counterblast to another complaint instituted by Nanhe (petitioner no.1) against the husband of Saraswati (complainant in this case).