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1992 Supreme(P&H) 27

B.S.NEHRA
Harbans Lal – Appellant
Versus
Rama Rani – Respondent


Judgment

B.S.Nehra, J.

1. This is a petition under section 482 of the Criminal Procedure seeking quashment of the order of the learned Additional Sessions Judge, Ludhiana, dated 4-1-1991 whereby he directed the Chief Judicial Magistrate, Ludhiana to hold further enquiry against the petitioners, in the complaint filed by the respondent, either himself or through a competent Judicial Magistrate.

2. The facts of the case, are that the respondent had filed a complaint under sections 406 and 408-A read with section 34 of the Indian Penal Code for punishing the petitioners, who are father-in-law and mother-in-law respectively of the respondent, and Ashwani Kumar, her husband, for maltreating her and for the return of the articles of dowry given by her parents in her marriage with Ashwani Kumar. The learned Judicial Magistrate 1st Class, Ludhiana, issued process under the aforesaid provisions of the Indian Penal Code against Ashwani Kumar but no such process was issued against the present petitioners, which, by implication, meant that the learned, Magistrate had refused to issue any process against them " (petitioners) Against the later part of the order of the learned Judicial Magistrate






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