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2012 Supreme(Del) 2939

A.K.PATNAIK
Mangeram – Appellant
Versus
State – Respondent


For the Petitioners: Mr. Lokesh Kumar , Mr. Harish Nigam, Ad#31;vocates.
For the Respondent:Ms. Fizani Hussain, Mr. Rajpal Singh, Mr. P.S. Madhu Advocates.

JUDGMENT :

A.K. Pathak, J.— (Oral)

1. Petitioners are relatives of husband of complainant-Smt. Chanchal in FIR No. 154/2011 under Sections 498-A/406/34 IPC of Police Station Madhu Vihar. Complainant had named the petitioners in the FIR as the persons who had treated her with cruelty. Case was investigated by the police and thereafter charge-sheet under Section 173 of the Code of Criminal Procedure, 1973 (Cr.P.C.) was filed. Petitioners were not sent up to face trial. Their names were mentioned in column no. 2 of the charge-sheet.

2. Vide order dated 23rd March, 2012, Metropolitan Magistrate, Delhi, on perusal of charge-sheet and documents annexed therewith took cognizance of the offence and ordered for issuance of summons to the accused.

3. That is how petitioners are before this Court by way of present petition under Section 482 Cr.P.C.

4. Learned counsel for the petitioners has vehemently contended that after completing the investigation, on the basis of material collected during the investigation, Investigating Officer came to the conclusion that no sufficient material had come on record for proceeding against the petitioners, thus, kept them in column no. 2 of the charge-sheet. Acc















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