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2024 Supreme(J&K) 236

SANJAY DHAR
Divya Ishan, S/o. Shri Kulbhushan Sajgotra – Appellant
Versus
Antima, D/o. Sh. Banarsi Dass – Respondent


Advocates Appeared:
For the Appellants : Mr. A.P. Singh.

JUDGMENT :

1. The petitioners have challenged order dated 20.11.2017 passed by learned Chief Judicial Magistrate, Jammu, whereby process has been issued against the petitioners in a complaint filed by the respondent against them alleging commission of offences under Sections 498-A, 406 and 34 RPC.

2. A perusal of the trial court record shows that on 20.05.2017, a complaint was presented before the learned Chief Judicial Magistrate, Jammu (Mr. Sunit Gupta) and on the said date preliminary statements of the complainant and her one witness were recorded. The matter was adjourned by the learned Chief Judicial Magistrate from time to time and ultimately, on 31.08.2017, the successor-Chief Judicial Magistrate, Jammu (Mr. Ashwani Sharma) directed inquiry in terms of Section 202 of the Cr. P.C. and postponed issuance of the process. After report of inquiry was received from SHO, Police Station, Gandhi Nagar, Jammu, the learned Chief Judicial Magistrate (Mr. Ashwani Sharma) passed another order on 20.11.2017, wherein it was recorded that prima facie offences under Sections 498-A, 406 and 34 of RPC are made out against the petitioners and accordingly, the process was issued against them.

3.

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