IMPORTANT POINT
Special leave to appeal could be granted only where view taken by acquitting Judge is clearly unreasonable.

JUDGMENT

Mohd. Aslam, J.—Heard Sri Zafar Abbas, learned counsel for the applicant and Sri Sanjay Sharma, learned A.G.A. for the State and perused the record.

2. The instant application has been moved by applicant under Section 378(4) of Cr.P.C. for granting leave to prefer appeal against the judgement and order of acquittal dated 15.3.2017 passed by learned Additional Chief Judicial Magistrate, Court No. 12, Azamgarh in Criminal Complaint Case No.1574 of 2016 (Smt. Habiba Vs. Jamal Ahmed and another).

3. The brief facts of the case is that the complainant moved an application under Section 156(3) Cr.P.C. on 1.12.2009, which was treated as complaint alleging therein that her marriage was solemnized with opposite party no.2 Jamal Ahmed on 21.5.2008 in the village Asadha, Police Statio-Saraimeer, District-Azamgarh according to Muslim Rights and Ceremonies. Opposite party no.2 is the resident of Village Bisaham, Police Station-Mehnagar, District-Azamgarh. After her marriage she went to the house of opposite party No.2 and performed her obligations as wife. After sometime they blessed with a son namely Ismaile. The family members of her in-laws are very rich, but they are very greedy for dowry. After sometime of marriage, her husband Jamal Ahmed, mother-in-law Farzana, Nanad Nazia began to taunt her for bringing meagre dowry and starting creating pressure upon her for bringing Rs.3,50,000/- from her father so that Jamal Ahmed may go to abroad or may purchase a shop. On account of non-fulfilment of the demand, they used to taunt and harass her and were also not giving her sufficient food. They were torturing her physically and mentally. On 8.8.2008 at about 10:00 a.m., she was beaten by them and driven out from the house with only clothes which she wore and they retained her remaining clothes and ornaments. Anyhow she reached at the house of her parents weeping and told the entire incident to her parents. She did not sustain any visible injury, therefore, she was not subjected to medical examination. She went to the Police Station-Mehnagar to lodge the report along with her father, but the Station House Officer of that police station assured them stating that wait he will registered the case against the accused after inquiry he will arrest them, but no action was taken by him. Thereafter, she visited the Circle Officer and apprised him regarding the incident, but no action was also taken. Thereafter, she sent an application by registered post on 8.9.2009 to the Senior Superintendent of Police, Azamgarh, but again no action was taken. Thereafter, the application under Section 156(3) of Cr.P.C. was moved on 1.12.2009, which was treated as complaint vide order dated 1.12.2009.

4. Learned Judicial Magistrate has recorded the statement of complainant Smt. Habiba under Section 200 of Cr.P.C. and also recorded the statements of Kashif and Sahabuddin under Section 202 of Cr.P.C. and after hearing the learned counsel for the complainant vide order dated 9.8.2010 has summoned opposite party no.2 Jamal Ahmed and opposite party no.3 Farzana for facing trial for offence punishable under Sections 498-A & 323 I.P.C. Thereafter, opposite party nos.2 & 3 appeared and the statement of Smt. Habiba was recorded as PW-1 and Kashif was recorded as PW-2 under Section 244 of Cr.P.C. Thereafter, charges of offence punishable under Sections 498-A & 323 I.P.C. was framed against the accused opposite party nos.2 & 3 to which they have not pleaded guilty and claimed to be tried. PW-1 Smt. Habiba and PW-2 Kashif were cross examined at the stage of Section 246 of Cr.P.C. and witnesses Shahabuddin (PW-3) and R.V. Yadav (PW-4) were also examined at the stage of Section 246 of Cr.P.C.

5. Learned lower court after appreciating the evidence of witnesses has held that in cross examination the complainant has stated that her first marriage was taken place with Asif who is resident of village Chhaun, District Azamgarh on 25.12.2006 and no child was born out of that