JUDGMENT

G.S. Singhvi, J. —

1. Leave granted.

2. Whether the appellant, who was named as one of the accused in the complaint lodged by respondent No.2, Smt. Anita alleging harassment and torture at the hands of her husband and in-laws but qua whom the police filed negative final report, could be summoned under Section 319 of the Code of Criminal Procedure (for short ‘Cr.P.C.’) and whether Judicial Magistrate, First Class, Sri Ganganagar (hereinafter referred to as ‘the Judicial Magistrate’) was justified in taking cognizance against the appellant under Section 498A of the Indian Penal Code (for short ‘IPC’) are the questions which arise for determination in this appeal filed against order dated 10.3.2008 passed by the learned Single Judge of the Rajasthan High Court in S.B. Criminal Misc. Petition No.1366 of 2007.

3. The appellant’s brother Pramod Kumar was married to respondent No.2 on 7.12.2000 at Sri Ganganagar. After one year and four months, respondent No.2 submitted a complaint to the Judicial Magistrate alleging that due to her failure to bring sufficient dowry and meet the demand of her in-laws, she was subjected to physical and mental cruelty and harassment in different wa