ORDER

Rajeshwari Prasad, J. - The learned Sessions Judge, Ballia, has made the instant reference to this Court. He has recommended that the order of the learned magistrate summoning the six accused persons to stand their trial be quashed and the learned magistrate be directed to return the complaint to the complainant as provided by Section 201 of the Code of Criminal Procedure.

2. The trial magistrate passed an order u/s 204 of the Code of Criminal Procedure summoning the Petitioners to stand their trial u/s 494 of the IPC.

3. On 22-5-1965 Smt. Usha Devi, opposite party, filed a complaint u/s 494/112 of the IPC, against the Applicants in which she alleged that she was married to accused Madan Mohan Srivastava at Ballia on 10-6-1963. Soon after the marriage she was illtreated and sent back to her father. Her ornaments were detained. The father of Smt. Usha Devi had a talk about the matter with the accused Ram Chander and accused Sri Krishna Lal who were the brothers of accused Madan Mohan Srivastava, the husband of the complainant. They, however, expressed their inability to take her back and eventually Madan Mohan Srivastava accused, in collusion with accused Nos. 3, 4, 5 and 6, marr