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1999 Supreme(Raj) 1303

M.A.A.KHAN
Bansi Lal – Appellant
Versus
State of Rajasthan – Respondent


For the Petitioner:Mr. S.R. Bajwa, Sr. Advocate with Mr. V.R. Bajwa, Advocates.
For the Respondent: Mr. Rajesh Goswami, Public Prosecutor.
For the Respondent No.2:Mr. Narendra Jain, Advocate.

JUDGMENT

1. :- This is a petition under section 482 Cr.P.C. against the order dated 1.9.1998 whereby the learned Add]. Sessions judge dismissed revision application of the petitioners against Magistrate's order dated 5.11.97 taking cognizance of offences under Sections 498A and 406 Indian Penal Code against them and two others.

2. Respondent Smt. Rekha Wadhwani was married to Dr. Mohan Lal co-accused on 8.5.94. Soon after the marriage differences arose between them, allegedly for demand for more dowry by the husband and his relatives as contended by the said Respondent or due to highly volatile temperament of the respondent, as contended by the petitioners. Dr. Mohan Lal filed a petition under Section 13 of the Hindu Marriage Act on 17.10.95 against the respondent for dissolution of marriage. The wife answered the petition by filing FIR No. 108/95 on 27.11.95 against her husband and his relatives, namely Sh. Veerumal, the father, Smt. Rami (Petitioner No.2), the mother, Bansi Lal (Petitioner No.1), the brother, and Smt. Janki (Petitioner No.3), the sister. After investigation of the case the police submitted their report under Section 173(2) Cr.P.C. on 6.1.96 against husband only.

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