Gangaram Motwani vs The State of Madhya Pradesh

N.K. Gupta, J.—Heard on admission. The applicants by this petition u/s 482 of Cr. P.C. have challenged the registration of Crime No. 40/2013 registered at police station City Kotwali, Chhattarpur for the offence punishable under Sections 3/4 of Dowry Prohibition Act and Section 406 of IPC.

After considering the submissions made by the learned counsel for the applicant and looking to the facts and circumstances of the case as available by the copy of charge sheet filed by the applicants, it is apparent that a ring ceremony took place between the applicant Sanjay Motwani and daughter of the respondent No. 2 Shyamlal Adawani. It is alleged by the learned counsel for the applicants that the FIR was lodged with delay of a pretty long time, therefore it is a false FIR. However, the applicants did not make any allegation against the respondent No. 2 that he did not return the gifts given by the applicants. Under such circumstances, at present the testimony of various witnesses and the complainant cannot be brushed aside only because the FIR was lodged with delay. It is for the trial Court to consider as to whether the testimony of the complainant and the witnesses are acceptable or not. Hence, at present the appreciation of evidence cannot be done at this stage. There is no basis by which the present petition filed by the applications u/s 482 of Cr. P.C. can be accepted. Consequently, it is hereby dismissed at motion. A copy of this order be sent to the trial Court for information.