( 1 ) THOUGH State has the locus standi to prefer such petitions, since petitioner is the wife and on her complaint case was registered and charge- sheet was filed, and has grievance against the order dated 13. 3. 2002 passed by Ms. Nisha Saxena, Metropolitan Magistrate this is being entertained.

( 2 ) VIDE impugned order charge for the offence punishable under Section 406, ipc for misappropriation of dowry articles and istridhan was framed against her husband only and her father-in-law, brothers-in-law and sister-in-law (wife of of one of the brothers of her husband) and her unmarried sister-in-law were discharged and charge for the offence under Section 498a, IPC i. e. harassment of the wife by the husband and his relatives for inadequate dowry or non-fulfilment of demands of dowry was framed against the husband and father-in-law alone. According to the petitioner/wife. , every member of the family though the elder brother of the husband died during the proceedings should have been subjected to trial for both the offences viz offence under Section 498a, IPC as well as 406, IPC.

( 3 ) THE allegations in brief are that after marriage her in-laws specially her fathe